"Why should our father's name be eliminated from his family because he had no son?" (Bamidbar 27:4)
There are rare moments in the entire narrative arch of Tanakh where the status quo is challenged and that challenge is subsequently upheld. Even more rare is the moment where a challenge lends way to an entire new application of halakhah. One example of this that comes to mind is the incident of the impure individuals and the creation of the Pesah sheini to facilitate their inclusion. Another incident is the one in this very parshah of the daughters of Tzlafhad.
John Quincy Adams, one of the most accomplished men in American history, inherited his first residence from his father John Adams. The property that was bequeathed to him included a house on what was then the main road in Quincy, Massachusetts. That house was built by John Quincy Adams' grandfather, Deacon John Adams. He diligently saved and saved until he had enough to buy a piece of land because in his words "land was not going to run away from you."
The ownership of land has and continues to be a vital ingredient in the financial portfolio of many families. The land deed more than so many other things grants families a sense of confidence and assuredness. It was no wonder than that Deacon John Adams throughout his life amassed a lot of land, about 200 acres in total because land, unlike many other forms of property, "is not going to run away from you."
The daughters of Tzlafhad understood that without the ability to inherit their father's land they would have been put in a vulnerable position. Ownership of land from the times of Tanakh through ancient Greece and up through the modern era means so much to the financial, psychological and political welfare of an individual and of a family. We have therefore a remarkable piece of Midrash from Yalkut Shimoni 27:
"When the daughters of Tzlafhad heard that the land was being divided to the tribes but not to the women, they convened to discuss the manner. They said, 'God's mercy and compassion is not like the compassion of mankind. Mankind favors men over women. God is not that way, His compassion is on men and women alike...'"
In what could only be called a forerunner to the convention in Seneca Falls, the daughters of Tzlafhad made a powerful plea and case for inclusion. Their plea remarkably did not fall on deaf ears and none other than God responded, "The daughters of Tzlafhad speak justly (27:7)."
While the daughters of Tzlafhad made a poignant and sharp critique of the ability of humanity to unnecessarily privilege one group over the other, let us be cognizant of that fault and work towards the betterment of ourselves and all of humankind. May our compassion be on "men and women" and all groups and classes of people alike.
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