11/16/2014

Women, Inheritance, and Property Rights

Near the end of Numbers (Bamidbar), there are two incidents wherein questions are brought to Moses about the procedure for inheritance.  The commands made as a result help to elucidate both the practical transfer of the land and the role of women in the Torah society.

In Numbers 27, the daughters of Zelophehad appear before Moses regarding their inheritance.  Since their father died without any sons, his name would not have continued amongst his brethren, so they argued for the inheritance being given to them.  Verse 7 states that YHWH commanded the daughters be given a holding in the midst of their people.

However, in Numbers 36, heads of Zelophehad’s clan appear before Moses regarding that situation.  They argued that their tribe’s land will be taken from them if the daughters of Zelophehad marry outside their tribe, because the families which the daughters marry into will ultimately inherit Zelophehad’s inheritance.  In verse 6, YHWH commands that the daughters of Zelophehad may marry one who is good in their eyes, but that they shall marry within their tribe only.  This way the inheritance will not depart from their tribe.

Interestingly, these passages demonstrate rights or expectations of women.  A woman can apparently own land, since the inheritance of Zelophehad was to pass to his daughters, and a woman (at least one who is no longer in her father’s house, as was the case with this) has rights in choosing who to marry (“good in their eyes”).

While some like to assert that women had no rights in Torah society, this is clearly not the case.  They do not hold the same role as men, certainly, but they are not strictly “chattel” either.  According to the narrative in Exodus 15:20 and suggested by Numbers 12:2, Miriam was a prophet herself, which would be a significant position.  In many ways, the role of a woman can certainly be very similar to a man’s role.

When taking into account the issue of oaths, it seems that an independent woman has many of the same rights and responsibilities as any man.  If this independent woman chooses to be married, however, she does elect to cede some of those rights to her husband, just like the inheritance in this passage.


This was written for the reading of parashah Masei, the rabbinic Torah portion.  The actual written Torah (Exodus through Deuteronomy) does not command the parashah, nor does the calendar of the Torah necessarily coincide with the rabbinic calendar.  I do think it is productive to have a weekly reading of the actual Torah, however, and this is a tradition that is frequently followed.  Let’s get back to the true Torah, the written Torah.

(From prior posting on Gr. 7/25/14)