Zelophehad's Transgression

Yalkut Shimoni on Torah 788:17

Rabbi Yehuda said that Shmuel said: The daughters of Zelophehad were permitted to marry whomever they pleased, as it is stated, "Let them marry whomever is good in their eyes; they shall marry within the clan of their father" (Numbers 36:6). However, how do I reconcile this with the fact that I can only uphold it for their paternal family? The verse gives them good advice, that they should only marry someone suitable for them, and not cause the inheritance to be transferred (as it is written in a hint, Tishrei 5755). Rabbi Yochanan, in the name of Rabbi Yehuda bar Rabbi Shimon, said: According to the Torah, a woman inherits her son. The verse states, "And every daughter who inherits a portion shall marry within the tribe of her father" (Numbers 36:8). Just as the father's tribe, the father inherits his son, so too, the mother's tribe, the mother inherits her son. Rabbi Yochanan presented an objection: A woman inherits her son, and a woman inherits her husband. Yet, we do not inherit through women, but only through men. Rabbi Yochanan replied, "Since we have received the tradition, I do not know the reason for the distinction." Our Tanna, based on the Mishna, says that if we interpret it to mean that a woman inherits her son, then how do we determine which comes first, the son's inheritance or the daughter's inheritance from the mother's estate? Therefore, it is always interpreted that inheritance is through the male line. However, here it is different because it is written, "And every daughter who inherits, but does not inherit" (Numbers 36:8). The Tanna of Rabbi Yishmael's school of thought teaches that the daughters of Zelophehad were equal, as it is written, "And the daughters of Zelophehad were Mahlah, Noah, Hoglah, Milcah, and Tirzah" (Numbers 27:1). These are the mitzvot that a prophet is not authorized to innovate (mentioned at the end of the Book of Kohanim).

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