Tag Archives: Zelophehad

Parshat Pinchas (2012)


Parshat Pinchas (2012)
Numbers 25:10 – 30:1

The Cost of Leadership: Having to take it up with your Higher Authority

Confused JudgeWhat is the cost of leadership? What type of price does someone need to pay in order to be in charge. It goes without saying that most people would not mind being a person of greater importance. Being ambitious is a good thing. Most people wouldn’t mind being the boss, with all the benefits and privileges that comes with leadership. “Being in Charge” is really attractive to most people. People always seem to think that it means that you have no one to answer to, until you find yourself being “The Decider.”

That’s not to say that everyone is ambitious for power. As we learn Moses was more humble than any man on the face of the earth (see Numbers 12:3). In fact he showed great resistance to taking on leadership (see Exodus 4:10-17). But it becomes apparent to us as we go on through the exodus story that Moses does actually grow into his job. In time he would take responsibility for the governance of Israel and hearing all the cases of the Israelites.

But as we learned along the way, this was not the ideal. Moses was challenged by his father-in-law Yitro to delegate responsibility because he could not do it all himself. (see Parshat Yitro, and Parshat Shoftim) Thus the cases were heard by tribal leaders and elders who served as judges. But if something was too hard for them to figure out it was to be brought to Moses. (see Deut. 1:17)

Here in this parsha we see one of these situations arise, where a case was appealed to Moses as an ultimate authority to rule on a subject. Starting with Numbers chapter 27 we see that five daughters of Tzel’ofechad, of the Tribe of Menasheh, descendant of Yoseph haTzadik (Joseph the Righteous), brought a case to be settled. Up until now the camps and corresponding land allotments are being given according to one’s paternal lineage; from father to son exclusively.

Among the few exceptions that were not accounted for out of all the families that were recorded in the census at the beginning of this book were the families of those who perished with Korach and his rebellion, therefore there were no living heirs. The other exception was the allotment to Yehoshuah and Kelev (Joshua and Caleb, the spies) who were given their choicest lands as a reward for their upstandingness instead of by lot (see Numbers 26:55; with Rashi; and corresponding references to Judges 1:20 and Joshua 19:49-51).

We find out that these five daughters who brought their case to Moses were the only living descendants of their father. Though their father had perished in the desert, his death was unique from the others in that he had not be in rebellion. His daughters stood before Moses and all the authorities and made their case that their father died of some sort of private sin, but it was not for incitement or rebellion. We don’t know why exactly, but our sages suggest everything for violating Shabbat or approaching Sinai when it was unsafe to do so, and therefore he died. The fact that their father was not a rebel was obvious from the fact that they were alive, whereas rebels and their kin had all previously perished (see Parshat Korach).

These women contended the only reason they were being excluded from the land allotments was because their father died without having any sons. Furthermore, they contended his error had nothing to do with them. Even yet, his sin to some could be considered a transgression based on ignorance which caused him to die in an untimely manner. Their father might have had his faults for which he paid ultimately for, but that didn’t warrant that his name should be forgotten and his descendants treated like they didn’t exist.

There was no remedy for them. An examples would have been the leverite marriage; someone closely related could have married them to help them keep their property. But no one stepped up to the call here, and this wasn’t their fault. Therefore they demanded a remedy. (Numbers 27:1-4).

The parsha (at the end of the third aliyah reading) reads as follows:

“And Moses brought their case

before Hashem.”

| Vayakrev Moshe et-mishpatan

| lifnei Hashem

Numbers 27:5

Rashi makes the most ingesting commentary regarding this verse:

So Moses brought their case:

The law eluded him,

and here he was paying

for crowning himself [with authority]

by saying:

‘and the case that is too difficult for you,

bring to me’ (Deut. 1:17)”

ויקרב משה את משפטן: |

נתעלמה הלכה ממנו |

וכאן נפרע |

על שנטל עטרה |

לומר: |

והדבר אשר יקשה מכם |

תקריבון אלי |

Rashi on Numbers 27:5

Surely other people had died in such careless ways as the father of these women, but the uniqueness of the situation was that there was no other living male in this case to help them. And even more unique, is all of these women were very wise and bold enough to adequately make their case before Moses and the elders. It had been appealed all the way to him to settle.

Keep in mind this wasn’t the first case of inheritance rights that was being brought to him to settle, we saw the case of the half-Egyptian Israelite earlier where he did appeal, but his claim was rejected and it resulted in a great crisis in their midst. The half-Egyptian flew off the handle and so it went no further, because he was so mad he cursed G-d and then died. (see Parshat Emor) These women also strongly presented their claim, yet they honorably made their case and so it stood to demanded a response.

So here arises this case. This time even more complicated, not a son, but daughters. And their claim seemed valid. It could not be so easily dismissed. So what does Moses do in response? He decides to bring the issue before G-d.

There are a few things we lead from Rashi’s commentary. The first is that this was something that Moses had not considered before. He didn’t think of mentioning such a situation in his previous instructions, only recognizing the rights of male-to-male relative inheritance. He didn’t possess an answer to remedy this situation. Moses was stumped.

Now it is true that Mosheh Rabbeninu – Moses our Teacher – as the author of our tradition, was the teacher par-excellence who understood Torah more so that any other person. But here it is admitted that something eluded him. This is not surprising to us Jews. Moses is not an oracle or avatar, he was a mere man who was limited in ability and understanding just like any individual. This is not so surprising for me to see this revealed in these scriptures

What is amazing to me is that Moses actually admits that this issues is beyond his compressions. He does what few people of high authority do; after struggling with the issue he admits that he doesn’t know the answer and he does not do anything until he consults G-d on it. This is yet another sign of his great humility.

Yet there is something more that amazes me still about Rashi’s commentary. He states that Moses “nefshar,” meaning that here he was paying the price. What was he paying the price for? For taking the “crown” of authority. He had previously said that if there was any issue that was too hard for the people then it should be brought to him, and here he was being called on to follow through.

And herein comes our lesson about authority and leadership. Everyone wants to be the king of the hill. It looks so easy to wear the crown. By “crown” we are being symbolic. But here in the biblical age it is quite literal. For the most part authority laid in the hands of monarchs. Even in Israel’s case, at this point in history they are without a monarchy and nobility, but the honored people of their tribes are still refereed to a princes. (see Numbers 1:16; Parshat BeMidbar) That is how much respect they commanded. But above them all was Moses, the final authority. We was the Commander-in-Chief; as they say, it appears that the buck stopped here.

Want to see the cost of leadership? Sometimes it’ written all over the faces of those in charge.

For a moment I would like us to consider our own leaders today, my friend. For a moment let us just consider our politicians and government officials. One of the most remarkable observations most of us have about leadership, being in a modern world where we are accustomed to seeing our leaders regularly, is how quickly they age when they get to the top off the ladder. The media loves to discuss how quickly we age our Presidents. The responsibility is so weighing upon them that is clearly evident to us that the burden they shoulder wears on them to the point that its prematurely ages them in dramatic ways. Being the boss isn’t as cozy and easy as it seems. They are people who we turn to in order to provide solutions to us for the really hard decisions. Such responsibility takes its mental and physical toll. This is the cost of leadership.

Let us consider the case again for a second, and try to understand what make it so perplexing to Moses. These daughters of Tzel’ofechad are not just being difficult women. They aren’t there to just nag him. Their problem is very pressing. The nation is going to ascend into the Land and they are going to be left homeless unless a situation is found for them. Moses’ instructions regarding inheritance seemed clear and easy enough to understand, there was very little ambiguity regarding it, but it did not address their needs. It was unthinkable that they should be left without remedy. Upon hearing their case and considering the real injustice in this matter if left unsettled, Moses appeals to G-d to give him the answer that is escaping him.

Again I want us to remember the situation of the half-Egyptian (in Parshat Emor). A remedy was not found for this man thus it led to blasphemy of the Name of G-d, and subsequently the man’s death. It appears to me that in light of this situation, when once again called to rule on an issue of inheritance, especially on an issue that was sorely neglected from his policy, Moses not only felt like he had to hear out their issue but he also seemed to feel the urgency of having to find a real answer. Their livelihood depended on it. He would not allow the children of Israel to stand back aloof once again; unbending, unresolved; and leaving these women in ruin.

Now despite all Moses’ wisdom this issue was beyond his ability to decide on his own. We should also keep in mind that this is a dramatic switch in inheritance rights in an age where women are ordinarily given no regard at all. Any change in policy would be a big deal, with huge societal consequence. In Moses’ humility he does not think himself wise enough to decide alone, and thus brings it to G-d to decide.

Of course we learn that G-d responds to Moses’ petition on this matter. G-d says that in this case “Ken benot Tzel’ofechad dovrot / the daughters of Tzel’ofechad spoke correctly,” and thus G-d commanded the transfer their father’s property to them (v.7). Our tradition says that it is said intensely and with great “evrah,” or anger or wrath on the part of G-d for the situation of these women. (Rashi on v.7)

Hashem therefore instructed that from then on any daughter of Israel may inherit their father’s property. Practically what this means is any woman who has no left her father’s household may retain it as her own property in his passing as inheritor. However, it is not to be transferred to another clan, say if she were to remarry. It was already the case that land and tribal holdings remain in the tribe, not to transfer forever to another; this law previously understood to apply to mere sales. Now in around about way it’s extending this law even to this situation, while allowing provision for a maiden to maintain her home and lifestyle should she not marry into another family. If this were to happen, then the father’s male relatives would inherit the property and keep it in trust for the tribe. Likewise, if a man was without any daughters as well as sons, then it would follow the regular method and likewise go to the nearest male relative. (v.8-11) Thus a legal remedy was found.

As we consider this weeks parsha, and we consider all the responsibilities and positions of authority in which we may find ourselves accountable for, I would hope that we would come away taking to heart the example of Moses. When people turn to us for help we should do everything that we can to provide the assistance and guidance they need. We should not just ignore their problem, thinking ourselves so smart and so important that we should not be questioned and further appealed to when our answers don’t seem to fit so nicely. We should not just harshly hold on to what we think we already know about something, but hear a person out regarding their situation. And if we do, we might find that we have don’t really have all the answers after all. The situation might not be as cut-and-dry as we expect.

We need to listen and really consider things. How could Moses have taken this issue to G-d if he hadn’t first listen enough to comprehend their concerns and adequately present their case to Hashem?

And the greatest lesson of all is that we should not just rely on our own understanding and impulses regarding something. We should take it to G-d, and continue to seek His guidance and understanding until we do understand and find a solution. This is not just a good idea. This is the cost of leadership. The weight of this crown his heavy; the cost of it is very great. If listening to people intently and giving heavy reflection was necessary for Moses, how much more is it necessary for us simpletons?

Something To Think About:

In the Jewish tradition we refer to the Torah as “Zot haTorah asher sam Mosheh lifnei bnei Yisrael; al-pi Hashem b’yad Mosheh / This is the Torah that was set before the children of Israel; upon the command of Hashem, by the hand of Moses.” This is said during the Hagbah – the lifting of the Torah for all to witness; in Ashkenazi tradition this is after the reading; it is composed of two verses, Deuteronomy 4:44 and Numbers 9:23; in the Sephardi tradition this is said before the reading, though interchanging the latter verse with Deuteronomy 33:4 instead, continuing with the words “Torah tzivah lanu Mosheh morasha kehilat Yaakov / the Torah which Moses commanded us, as a heritage for the congregation of Yaakov”. Traditionally people understand this as meaning that the Torah was written by Moses.

Whether or not Moses physically wrote the Torah in our tradition is something we almost consider irrelevant. We recognize that almost all of our tradition was mostly oral at one point. When we say “b’yad” (Heb. “by the hand of”) we don’t always necessarily mean that a person physically wrote something out themselves, but that it was “handed down” from them. Some of our tradition was written, some of it was oral for a great deal of our history. But either way we consider it coming from Moses because he had a hand in the decision-making and demonstration of these truths.

If we return to the commentary of Rashi we have a very interesting statement being made regarding our original verse we discussed in Numbers 27:5. The continuing commentary reads as follows:

“Another interpretation is

it was proper that this affair

be written down by the hand of Moses

but the daughters of Tzel’ofechad won [their case]

and so it was written in by them.”

דבר אחר |

ראויה היתה פרשה זו |

להכתב על ידי משה, |

אלא שזכו בנות צלפחד |

ונכתבה על ידן: |

Rashi on Numbers 27:5

What do we mean by this? There is something unusual about the verse. It does look quite out-of-place because it actually refers to Moses in the third-person; “and Moses brought their case…” How can this be if this is “written” by Moses. This seems like another interesting fluke akin to when the scriptures say Moses is the humblest of men; would Moses really speak of himself in this manner? I don’t know. But to me it’s still irrelevant to debate if Moses was the physical scribe.

However this question is kind of interesting to contemplate, because if we say that this phrase means Moses wrote out the Torah himself, are we saying here in this verse that these five Israelite daughters wrote this passage into the Torah themselves “al yadin / by their own hand?” Most likely not, but it doesn’t matter if they did or didn’t anyhow. The truth is had they not raised this issue before Moses and the elders to bring before G-d it would have never been documented in the Torah at all. Their veracity and wisdom regarding this matter makes it as good as if it was written by them, because without their insight this would have never have been mentioned and resolved at all. Through these five women a whole new insight into Torah was handed down for the benefit of all Israel. They “wrote” a new chapter in Jewish history.

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