Babylonian Talmud: Tractate Baba Bathra

Folio 118a

but according to him who said [that the division was made] in accordance with [the number of] those that entered the land, what [purpose does the instruction] 'To the more you shall give the more inheritance' [serve]?¹  — This is a difficulty.

R. Papa further said to Abaye: According to him who said [that the land was divided] in accordance with [the number of] those who came out of Egypt, one can well understand why the daughters of Zelophehad' complained,²  but according to him who said [that the division was made] in accordance with [the number of] those that entered the land, why did they complain? Surely he was not there³  that he should [he entitled to] receive [a share]!⁴  — But [their complaint was with reference] to the reversion⁵  to, and [their right] of taking [a share] in the possessions of Hepher.⁶

According to him who said that [the land was divided] in accordance with [the number of] those that come out of Egypt, one can well understand why the sons of Joseph complained; as it is written, And the children of Joseph spoke;⁷  but according to him who said [that the division was made] in accordance with [the number of] those that entered the land, why did they complain? Surely all of them had received [their respective shares]! — [They complained] on account of the many minors⁸  they had [in their tribe].⁹

Abaye said: From this it is to be inferred [that there was not [even] one who did not receive [a share in the land]. For, should it enter your mind [to say that] there was one who did not receive [a share], would he not have complained?¹⁰  And if it be said that Scripture recorded [the case of him only] who complained and benefited, but did not record [the case of anyone] who complained and did not benefit, [it may be retorted]: The children of Joseph, surely, complained and did not benefit, and [yet] Scripture recorded their case. There,¹¹  [it may be replied, Scripture desired] to impart to us good advice, [namely,] that a person should he on his guard against an evil eye. And this indeed is [the purpose] of what Joshua said unto them; as it is written, And Joshua said unto them: 'If thou be a great people, get thee up to the forest'.¹²  [It is this that] he said to them: 'Go and hide yourselves in the forests so that an evil eye may have no power over you'.

1. If a share was to be given to each individual who entered the land, it clearly follows that the more the numbers the larger the inheritance of a tribe and vice versa!
2. Zelophehad was among those who took part in the Exodus and they, therefore, claimed his share,
3. Zelophehad was dead when Canaan was entered.
4. Even if he had a son he would not necessarily have been entitled to his share as he might have been a minor at the time of the entry.
5. Of the inheritance of Zelophehad's brothers to that of their father Hepher. (V. supra p. 480. n. II.)
6. The inheritance having reverted to Hepher, all his sons, or (if dead) his grandsons would be entitled to have equal shares in it. If Zelophehad had a son he would have received an equal share with his father's brothers, plus the additional share of the firstborn. Since Zelophehad had no son, his daughters rightly claimed those shares.
7. Josh. XVII, 14. They were at that time numerous and required large tracts of land, but what they actually received was too small for them, since it corresponded to the small number of their ancestors who lived at the time of the Exodus.
8. Minors under twenty at the time of the entry into Canaan were not included in the number of those who received shares in the land.
9. [Cf. Gen. XLIX, 22: Joseph is a fruitful vine (R. Gersh.)]
10. And since Scripture does not record any such complaints, other than those of the daughters of Zelophehad and the children of Joseph, it must be concluded that, with these exceptions, all received their shares and had, therefore, no cause for complaint.
11. The case of the children of Joseph.
12. Josh.XVII, 15.

They said unto him, 'We are of the seed of Joseph over whom the evil eye has no power'. as it is written, Joseph is a fruitful vine, a fruitful vine by a fountain,¹  and R. Abbahu said: Do not render,²  'by the fountain,'³  but 'those who transcend the eye'.³  R. Jose son of R. Hanina said, [this⁴  is inferred] from the following [verse]: And let them grow like fishes into a multitude in the midst of the earth.⁵  [This means that] as the fishes in the sea are covered by the waters and no eye has any power over them, so, in the case of the seed of Joseph. no [evil] eye has [any] power over them.

'The share of the spies was taken by Joshua and Caleb'.⁶  Whence is this⁷  [derived]? — 'Ulla replied: [From] the Scriptural verse which states, But Joshua the son of Nun and Caleb the son of Jephunneh remained alive of those men.⁸  What, [it may be asked, is meant by the expression.] 'remained alive'? If it means [that] they actually remained alive, surely another verse is already on record, [stating.] And there was not left a man of them, save Caleb the son of Jephunneh, and Joshua the son of Nun.⁹  What, then [is meant by] 'remained alive'? They¹⁰  lived¹¹  on¹²  their¹³  portion.

'The murmurers and the company of Korah had no share in the land'.¹⁴  But has it not been taught [elsewhere]. 'Joshua and Caleb took the shares of the spies, of the murmurers and of the company of Korah'? — [This is] no difficulty: [one] Master compares the murmurers to the spies¹⁵  [while] the other] Master does not compare the murmurers to the spies. For it was taught: Our father died in the wilderness.¹⁶  refers to Zelophehad; and he was not among the company of them,¹⁶  refers to the company of the spies; that gathered themselves together against the Lord,¹⁶  refers to the murmurers; in the company of Korah,¹⁶  bears the obvious meaning. [Thus, one] Master compares the murmurers to the spies¹⁷  and [the other] Master does not.¹⁸

R. Papa further said to Abaye: But according to him who compares the murmurers to the spies, have Joshua and Caleb had [their shares] multiplied so [many times] that they inherited all the land of Israel?¹⁹  — He said to him: We mean the murmurers in the company of Korah.²⁰

R. Papa further said to Abaye: According to him who said that the land was divided in accordance with [the number of] those who came out of Egypt, it is correct for Scripture to state, And there fell tell parts to Manasseh.²¹  [because] the six [parts] for [the] six houses of their fathers²²  and the four [parts] of these²³  are ten; but according to him who said that [the land was divided] in accordance with [the number of] those who entered the land. [the number of the Parts] would only have been eight. [since] six [parts] for the six fathers' houses and two²⁴  [parts] of theirs are [only] eight! — And according to your reasoning were there [not] nine²⁵  [parts only] even according to him who said [that the division was] in accordance with [the number of] those who came out of Egypt? All, however, you can say in reply²⁶  is [that] they had [also a share of] one brother of [their] father, here²⁷  [then] also, [it may be said that] they had [the shares of] two brothers of [their] father. For it was taught: Thou shalt surely give them a [possession of an inheritance],²⁸  refers to²⁹  the inheritance of their father; among their father's brethren,²⁸  refers to²⁹  the inheritance of their father's father; and thou shalt cause the inheritance of their father to pass unto them,²⁸  refers to²⁹  the portion of the birthright.³⁰  R. Eliezer b. Jacob said: They also took the share of their father's brother.³¹  for it is said, Thou shalt surely give.³²  But according to him who said [that] they had two father's brothers?³³  — That³⁴  is deduced from, a possession of an inheritance.³⁵

R. Papa further said to Abaye: Whom³⁶  does Scripture enumerate?³⁷  If children are enumerated, there were [surely] more [than ten];³⁸  if fathers' houses are enumerated. [these] were [only] six!³⁹

1. Gen.XLIX, 22.
2. Lit., 'read'.
3. [H] signifies both 'eye' and 'fountain', and [H] may, therefore, be rendered, 'by the fountain' (as E.V.) or, 'above the eye'. independent, or Immune from the power of the evil eye.
4. That the descendants of Joseph are not to fear the evil eye.
5. Gen. XLVIII, 16.
6. Supra 117b.
7. Lit., 'these words'.
8. Num. XIV, 38.
9. lbid. XXVI, 25. Two verses should not be required for the recording of one and the same fact.
10. Joshua and Caleb.
11. [H] may be rendered. 'remained alive of those men' as well as, 'lived from among these men'.
12. Lit., 'with'.
13. The spies'.
14. Supra 117b.
15. As the spies had a share in the land so had the murmurers.
16. Num. XXVII, 3.
17. Since they were both referred to in the same verse.
18. Maintaining that the adjectival clause, that gathered themselves together against the Lord, qualifies the previous word and has no reference to the murmurers.
19. The shares of the murmurers must have extended over all the land. Cf. Num. XIV, 2, And all the children of Israel murmured etc.
20. Cf. Num. XVII, 6. By a comparison of assembled [H], (ibid. v. 7) with assembled [H] in Num. XVI, 19, 'And Korah assembled'. [The murmurers are also taken to belong to the company of Korah apart from the two hundred and fifty princes of the assembly (v. Strashun, S. Glosses. a.l.).]
21. Josh. XVII, 5.
22. Mentioned earlier in the text; v. Jos. XVII. 2.
23. The daughters of Zelophehad who received four shares: two shares in the lands of Hepher, because their father Zelophehad (Hepher's son) was his firstborn; another share on behalf of Zelophehad himself who was one of those who left Egypt, and consequently among those to whom a share was allotted; and a fourth share which is to be explained in the Gemara, infra.
24. The two portions to which their father Zelophehad was entitled as the firstborn son of Hepher. Not being one of those who entered the land of Canaan he could not be entitled to a share in the land on his own account.
25. V. p. 485. n. 14.
26. Lit., 'what have you to say?'
27. In the case of him who said that the division was in accordance with those who entered.'
28. Num. XXVII, 7.
29. Lit., 'this is'.
30. Zelophehad having been a firstborn son. The expression, and thou shalt cause to pass, [H] that occurs here is also used in Ex. XIII, 12, with reference to firstlings.
31. Who died without issue.
32. Ibid. [H] lit., 'to give thou shalt give', implying the giving of two shares: Their father's and their father's brother's.
33. Whence does he infer two brother's shares?
34. That they received the shares of two father's brothers.
35. Ibid. Scripture could have omitted a possession of, by writing only, Thou shalt surely give then an inheritance etc.
36. Lit., 'what'.
37. In stating that the tribe of Manasseh had ten parts.
38. Not only had Zelophehad daughters but his brothers also must have had descendants.
39. The daughters of Zelophehad should have been included in the father's house of Hepher as the sons or daughters of the brothers of Zelophehad were included in their fathers' houses.