TORAH PORT ON

Justice, Equity
And Basic Rights

Shabbat Pinchas: Numbers 25:10-
30:1; I Kings 18:46-19:21.

I

n this week's Torah portion, the
all men and women, as it says (Psalm
daughters of Tzelofchad came for-
145:9): 'God is good to all; His mercy is
ward with a request. Their father
over all His works."'
died without sons and his five daughters
The separation in the Torah empha-
want to inherit the parcel of land in
sizes the request of the women as the
Israel that their father would have been
main point and makes the request of
given had he lived.
their uncles simply one of
Until now, it seems the
"tying up loose ends" Their
laws of inheritance in such a
request is one of justice and
circumstance had not been
fairness for the marginalized.
clarified. Moses is told by
Their request is a sincere
God that, indeed, when there
effort to right a wrong —
are no sons, then the daugh-
and they point out (Numbers
ters inherit the estate. (When
27:3) that their father was
there are sons they must
not among the rebellious dis-
support their sisters until the
putants of Korach's cohorts
sisters are married.) Their
to emphasize their sincerity
Rabbi Eliezer
father's brothers counter that
and constructive intention.
Cohen
if the daughters are given the
They come forward before
Special to the
land it will pass to their hus-
not only Moses, Elazar, the
Jewish News
band's tribe upon their death
High Priest, and the tribal
and be lost to their father's
chieftans, but also before the
tribe. This problem is resolved by having entire community. It is all done with
them marry within their own tribe.
complete transparency.
What is puzzling is that the objection
In contrast, their uncles' request is
of their uncles and its resolution does
more for financial interest in the prop-
not come until the very last verses of
erty and is not made before the whole
the Book of Numbers some 300 verses
nation but rather (Numbers 36:1) before
and two Torah portions away. Why this
Moses and the tribal leaders — the rul-
separation?
ing elite.
It seems to me that the solutions to
In resolving the men's problem the
the two problems are not just separated
verse (36:5) says: "And Moses com-
to point out the fact that Jewish law
manded according to God," while with
must be responsive to the needs and the the women, it says (27:6): "And God said
problems of the people to achieve justice to Mosee Again, emphasizing the direct
and equity, but that its primary concern
and absolute concern that God has for
must be to protect the most vulnerable
the most vulnerable and marginalized
and the most marginalized. The daugh-
of His subjects.
ters of Tzelofchad are but women in a
This is the Torah's lesson to all and
male-controlled society, without even a
particularly to the leadership of the
brother or other male relative to protect
community: to protect, support and
their interests. They are courageous
be sensitive to the needs of those who
enough to step forward to make their
need it most. 0
request and the Midrash Halacha [Sifre
Pinchas 8 (1)] offers this commentary:
Eliezer Cohen is rabbi of Congregation Or
Since the daughters of Tzelofchad
Chadash in Oak Park.
heard that the land would be distributed
to the tribes but not to the women, they
gathered to consult and said: "The con-
Conversations
cern (mercy) of flesh and blood (human
How can the leadership of any
beings) is not like the concern of the
community become more sensi-
tive to the needs of the com-
Ever-Present (God). Flesh and blood are
concerned about men more then about
pletely powerless? What can we
women but with the One Who spoke
do in our own lives to demon-
strate the need for justice and
and brought the world into being (God),
fairness for all?
it is not so. Rather, He is concerned with

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