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Ramban on Numbers Chapter 36

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וְלֹא תִסֹּב נַחֲלָה לִבְנֵי יִשְׂרָאֵל מִמַּטֶּה אֶל מַטֶּה – לֹא חָשַׁשׁ הַכָּתוּב אֶלָּא לְתַקֵּן הָעֵת הַהִיא, כִּי אִם הָיוּ בְּיִשְׂרָאֵל נָשִׁים נְשׂוּאוֹת לְשֵׁבֶט אַחֵר וְהֵן יוֹרְשׁוֹת נַחֲלָה הַיּוֹם, אוֹ שֶׁתִּירַשְׁנָה מִיּוֹם זֶה וָאֵילָךְ שֶׁיָּמוּת אֲבִיהֶן אוֹ אֲחִיהֶן בְּלֹא בָנִים, עַל כָּרְחֵנוּ תִּסּוֹב נַחֲלָתָן מִמַּטֶּה אֶל מַטֶּה. וּמִי יוּכַל לְתַקֵּן בַּזְּמַן אֶת אֲשֶׁר עִוְּתוּ? כִּי לֹא רָצְתָה הַתּוֹרָה לְצַוּוֹת שֶׁלֹּא יִירְשׁוּ אוֹתָן הַבֵּן וְהַבַּעַל, שֶׁלֹּא רָאֲתָה לַעֲקוֹר מִשְׁפַּט הַיְּרוּשָׁה. וְכֵן לֹא יָחוּשׁ הַכָּתוּב לְמִקְרִים הָעֲתִידִים לָבֹא, כִּי הַבָּנוֹת שֶׁאֵינָן יוֹרְשׁוֹת נַחֲלָה יְכוֹלוֹת לְהִנָּשֵׂא לְכָל הַשְּׁבָטִים, וְאֶפְשָׁר שֶׁתִּהְיֶינָה יוֹרְשׁוֹת נַחֲלָה בַּזְּמַן הַבָּא, כִּי יָמוּתוּ אֲחֵיהֶן בְּחַיֵּי הָאָב וְתַעֲבֹר נַחֲלַת אֲבִיהֶן אוֹ קְרוֹבֵיהֶן לָהֶן. וְעַל דַּעַת רַבּוֹתֵינוּ (בבא בתרא קכ) שֶׁדָּרְשׁוּ: דָּבָר זֶה לֹא יְהֵא נוֹהֵג אֶלָּא בְּדוֹר זֶה בִּלְבַד, יִתָּכֵן שֶׁלֹּא הָיוּ בְּכָל הַדּוֹר הַהוּא הַבָּא בָּאָרֶץ בָּנוֹת יוֹרְשׁוֹת נַחֲלָה זוּלָתִי בְּנוֹת צְלָפְחָד, כִּי עַל כֵּן לֹא דִּבְּרוּ. וְצִוָּה הַכָּתוּב שֶׁאִם יָמוּת אָדָם מִן הַיּוֹם הַהוּא עַד שֶׁתֵּחָלֵק הָאָרֶץ לְשִׁבְטֵיהֶם, וְתִהְיֶה בִּתּוֹ יוֹרֶשֶׁת אוֹתוֹ, לֹא תִּנָּשֵׂא לְשֵׁבֶט אַחֵר, שֶׁלֹּא יָבֹא הָאִישׁ הַהוּא בְּעֵת חִלּוּק הָאָרֶץ לָקַחַת לוֹ נַחֲלָה בְּתוֹךְ מַטֶּה אַחֵר, כִּי הַקְפֵּידָא לָהֶם תִּהְיֶה יוֹתֵר גְּדוֹלָה בְּעֵת הַחִלּוּק שֶׁלֹּא יִתְעָרְבוּ הַשְּׁבָטִים זֶה עִם זֶה בְּנַחֲלָה, כִּי אַחֲרֵי כֵן כְּבָר נוֹדְעָה נַחֲלָתָן וְלֹא יַקְפִּידוּ כָּל כָּךְ. וּבַעֲבוּר שֶׁלֹּא נוֹדַע זְמַן הַחִלּוּק, הִזְהִיר בְּכָל הַדּוֹר. וְהַשֵּׁם אֲשֶׁר בְּיָדוֹ נֶפֶשׁ כָּל חַי אֵין לוֹ לָחוּשׁ מִכָּאן וָאֵילָךְ. וְנָכוֹן הוּא עַל דֶּרֶךְ הַפְּשָׁט שֶׁאֵין "וְלֹא תִסֹּב נַחֲלָה" טַעַם כְּדֵי שֶׁלֹּא תִּסּוֹב הַנַּחֲלָה, אֲבָל הֵן שְׁתֵּי מִצְווֹת: צִוָּה בְּיוֹרְשׁוֹת נַחֲלָה שֶׁלֹּא תִּנָּשֶׂאנָה רַק לְמַטֵּה אֲבִיהֶן, וְצִוָּה בַּנְּשׂוּאוֹת כְּבָר וַאֲשֶׁר תָּבֹא אֲלֵיהֶן נַחֲלָה אַחֲרֵי הֱיוֹתָן לְאִישׁ, שֶׁלֹּא תִסּוֹב הַנַּחֲלָה מִמַּטֶּה לְמַטֶּה אַחֵר, אֲבָל יִירְשׁוּ אוֹתָן אֲחֵיהֶן וּקְרוֹבֵיהֶן, לֹא בְּנֵיהֶן וְלֹא בַּעֲלֵיהֶן. וְהִזְהִיר מִתְּחִלָּה בִּבְנוֹת צְלָפְחָד, וְאַחֲרֵי כֵן בְּכָל בַּת יוֹרֶשֶׁת נַחֲלָה. וְאָמַר בְּכָל יִשְׂרָאֵל שֶׁלֹּא תִסּוֹב נַחֲלָה מִמַּטֶּה אֶל מַטֶּה, שֶׁאַף הַנְּשׂוּאוֹת אוֹ הַמֻּזְהָרוֹת אִם יַעַבְרוּ עַל הַמִּצְוָה יִירְשׁוּ אוֹתָן אַנְשֵׁי הַמַּטֶּה, שֶׁיִּהְיוּ דְּבוּקִים וּקְשׁוּרִים בְּנַחֲלַת מַטֵּה אֲבוֹתָם, לֹא תִּפָּרֵד נַחֲלָתָם מֵהֶם וְהֵם לֹא יִפָּרְדוּ מִנַּחֲלַת אֲבוֹתָם. וְלֹא נָהַג כָּל זֶה רַק בַּדּוֹר הַנּוֹחֵל אֶת הָאָרֶץ בְּעֵת הַחֲלֻקָּה, וְהִנֵּה נָתַן לָהֶם עֵצָה בַּפְּנוּיוֹת אֲשֶׁר שָׁאֲלוּ וְתִקֵּן גַּם בַּנְּשׂוּאוֹת:

Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976

V’LO THISOV NACHALAH’ (SO SHALL NO INHERITANCE) OF THE CHILDREN OF ISRAEL MOVE FROM TRIBE TO TRIBE. Scripture was only concerned to improve the situation at that time [i.e., for the daughters of Zelophehad who had raised that problem]. For if there were [then] women in Israel [already] married to [men of] another tribe, and they [the women] inherited [a portion of the Land] at that time, or would inherit at some future time if their brothers or fathers died without sons, their inheritance would perforce move from one tribe to another [because their husbands, who were of a different tribe, or their sons, would inherit them when they died], and who can straighten out in time *what they have made crooked!*¹¹⁵ The Torah, furthermore, did not want to command that the sons or husbands of these women should not inherit them [if they were not of the same tribe], because it did not deem it fit to abrogate [in this case] the [regular] law of inheritance. Similarly Scripture did not concern itself with events which would occur in the future; for even if those daughters who do not possess an inheritance [before they are married] would be permitted to marry [men from] any of the tribes, yet it is possible that at some future time they might inherit some property, if [all] their brothers die in the lifetime of their father, and thus their father’s inheritance, or that of their relatives would pass on to them.¹¹⁶ But according to the opinion of our Rabbis who interpreted:¹¹⁷ “This law¹¹⁸ — that they marry men of their father’s tribe. only applies to that particular generation,” it is possible¹¹⁹ etc. (see text) — (Kur Zahav, in the name of Aboab). that [at that time] there were no daughters who inherited a portion amongst all those who were to come into the Land [of Israel] except for the daughters of Zelophehad, and therefore [we do not find that] they [i.e., other women] asked [Moses about it as the daughters of Zelophehad did]. Scripture, then, is commanding that if anyone dies from that day onwards until the Land is divided up amongst their tribes, and his daughter inherits him, she should not marry [anyone] from another tribe, in order that when the Land is divided up, that man should not come to take himself an inheritance amongst another tribe. For the [Torah’s] concern about them [i.e., about the separate inheritance of each tribe] was greater at the time of the division of the Land [than afterwards], so that the [different] tribes should not become mixed up with each other when taking their inheritance, whereas afterwards their [separate] inheritance will have already become known, and they would not be so concerned about it. But since the [exact] time of the division [of the Land] was not yet known, He imposed the prohibition on the whole of that generation. And G-d in Whose hand is the soul of every living thing¹²⁰ knew that “until the division of the Land no man would die without leaving a son, so that his daughters would be inheriting him” (Aboab). But such an assurance could naturally not apply if we were to say that the prohibition was for all generations. did not have to be concerned with future events [which might in certain cases result in the transfer of a particular inheritance from one tribe to another]. This explanation is correct according to the plain meaning of Scripture, for [the phrase in Verse 9] v’lo thisov nachalah is not a reason [for prohibiting the marriage of a woman who has already an inheritance, with a man from another tribe] “in order that the inheritance shall not be moved [from tribe to tribe],” but there are two separate commandments [in this section]. He commanded [first, in Verses 6-8] that those women who already possess an inheritance [such as the daughters of Zelophehad, who were not married] should only marry into their father’s tribe, and then [in Verse 9] He commanded that [in the case of] those who are already married [to men of other tribes and have no inheritance], or [in the case of all those women] who will come into an inheritance [later on] after they marry a man [of another tribe], the inheritance shall not move from one tribe to another tribe, but their brothers or their relatives are to inherit them, and not their sons or their husbands. Thus at first [in Verses 6-7] He commanded [the law] in connection with the daughters of Zelophehad, and afterwards [in Verse 8] concerning every daughter that possesseth an inheritance; and then He said in connection with all Israel that an inheritance shall not move from one tribe to another tribe [as stated in Verse 9, meaning] that even in the case of women who are [already] married [to men of another tribe], or [unmarried] women who have been commanded [not to marry men of another tribe] and who transgress this commandment, the men of their tribes [i.e., the women’s brothers or other relatives] should inherit them, in order that they should be closely attached to the inheritance of their fathers’ tribes, and their inheritance should not be severed from them, nor they from the inheritance of their fathers. And all these [restrictions] applied only to the generation which took possession of the Land, at the time that it was divided up. Thus He advised them about unmarried women, concerning whom they had asked, and He also made provision for those that were already married.

footnotes: ¹¹⁵ Ecclesiastes 7:13. ¹¹⁶ In other words, if not for the opinion of the Rabbis on the meaning of Scripture we could say that this prohibition is for all times, applying to such women as the daughters of Zelophehad who stood to be married and who already possessed an inheritance. But women who were already married at that time to men of other tribes and are [like the daughters of Zelophehad] inheriting now [because their fathers who were among those who left Egypt, died without sons], and similarly, women who stand to be married and may yet inherit their fathers if they die without sons — with all these possibilities Scripture was not concerned. Instead, the law for all times was specifically applying to women who stand to be married and have already an inheritance of the tribe, just like the daughters of Zelophehad. All this we might be inclined to say. But according to the opinion of our Rabbis etc. (see text) — (Kur Zahav, quoting Aboab). ¹¹⁷ Baba Bathra 117a. ¹¹⁸ Literally: “this thing,” based upon Verse 6 which reads: ‘This is the thing’ which the Eternal hath commanded concerning the daughters of Zelophehad ¹¹⁹ The gist of Ramban’s thought is as follows: In the light of the saying of our Rabbis, that this law did not apply for all times [as explained above in Note 116] but only to that particular generation, it is possible then to say that Scripture was also concerned with the above-mentioned possibilities. As for those women who were already married to men of other tribes and are now inheriting, it is possible to say that there was no other case in that generation similar to that of Zelophehad’s daughters, the proof being that no other tribe complained. And as for the other possibility, of women who stand to be married and may yet inherit their fathers if they die without sons, we answer, G-d in Whose hand ¹²⁰ Job 12:10. Ramban’s intent is to state that He in Whose hand is the soul of every living thing

נִשְׁלַם סֵפֶר הַפְּקוּדִים וְדִגְלֵי הַצְּבָאוֹת, וְלֵאלֹהִים צְבָאוֹת שֶׁבַח וְהוֹדָאוֹת, לְמֵאוֹת וְלַאֲלָפִים וּלְרִבֹּאוֹת, וְכַאֲשֶׁר עָשָׂה עִם אֲבוֹתֵינוּ הַגְּדוֹלוֹת וְהַנּוֹרָאוֹת, יָחִישׁ בְּיָמֵינוּ קֵץ הַפְּלָאוֹת, יִבְנֶה הַבַּיִת וְהַלְּשָׁכוֹת, וּגְבוּל לִפְנֵי הַתָּאוֹת, וְיָכִין שָׁם לְבֵית דָּוִד כִּסְאוֹת, וְעֵינֵינוּ רוֹאוֹת. וְהוּא בְּרַחֲמָיו יְנַקֵּנוּ מִנִּסְתָּרוֹת וּמִכָּל שְׁגִיאוֹת, וְיַרְאֵנוּ מִתּוֹרָתוֹ נִפְלָאוֹת. וְכֵן יְהִי רָצוֹן אָמֵן:

Commentary on the Torah by Ramban (Nachmanides). Translated and annotated by Charles B. Chavel. New York, Shilo Pub. House, 1971-1976

Thus is completed the Book of the Censuses¹²¹ [i.e., the Book of Numbers] and the standards of the hosts; And to G-d, the G-d of hosts, be praises and thanksgivings, in hundreds, thousands, and myriads. And as He has done for our ancestors great and awesome deeds,¹²² may He bring about speedily in our days the end of the wonders.¹²³ May He build the House and the chambers and the border before the cells.¹²⁴ And prepare there the thrones of the house of David,¹²⁵ and may our eyes behold it! And may He in His mercies purify us of all [our] hidden [faults] and all errors,¹²⁶, 19:13. And show us wondrous things from His Torah!¹²⁷, 119:18. Amen. May His Will be so! Finished and completed.

footnotes: ¹²¹ Such is the name given by the Sages to the fourth book of the Torah: “the Fifth of the Censuses” (Sotah 36b). ¹²² See Deuteronomy 10:21. ¹²³ Daniel 12:6. A reference to the Messianic era. ¹²⁴ Ezekiel 40:12. ¹²⁵ Psalms 122:5. This may also be a reference to the mysteries of the Cabala. See at end of Ramban’s Introduction to the Book of Genesis: “And He will show those who are pleasing to Him wonders from His Torah” (Vol. I, p. 16). ¹²⁶ See ibid. ¹²⁷ See ibid.

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