In the course of this portion, a picture emerges of the character of the next generation. The children of those who left Egypt, born in the desert into a state of independence and responsibility, have purpose and passion. Their leaders are presented to us – Pinchas, Elazar, the tribal chiefs and Yehoshua.

After a census is taken (Chapter 26), which will establish the division of the Promised Land, another type of leadership reluctantly steps forward.

And the daughters of Tzelofchad son of Chefer, son of Gilad, son of Machir, son of Menashe, of the families of Menashe son of Yosef, drew close; and these are the names of his daughters: Machlah, Noah, and Choglah, and Milkah, and Tirtzah. And they stood before Moshe, and before Elazar the Kohen, and before the princes and the entire congregation at the entrance to the Tent of Meeting, saying: “Our father died, in the desert, and he was not among the assembly that gathered against Hashem in the assembly of Korach; but he died of his own sin, and he had no sons. Why should the name of our father be removed from the midst of his family because he has no son? Give us a portion among our father’s brothers.” And Moshe presented their case/judgment (MISHPATAN) before Hashem (Bamidbar 27:1-5).

In this passage, the daughters of Tzelofchad reveal themselves as leaders and role models. They exemplify those who love the land of Israel so much that they are prepared to overcome their natural reticence and modesty to present their case.

Hashem immediately replies:

“Rightly do the daughters of Tzelofchad speak. You shall surely give them a possession of inheritance among their father’s brothers, and you shall transfer their father’s inheritance to them” (verse 7).

This is followed by the laws of inheritance, stating that if a man dies without sons, his inheritance passes to his daughters. If he has no daughters, then his brothers inherit; if there are no brothers, then his father’s brothers inherit; otherwise his closest relatives inherit him (verses 8-11).

What was the problem, however? The laws of the Torah had all been taught at Sinai, including the laws of a daughter’s inheritance. It is possible that the daughters of Tzelofchad had not yet heard these laws, which would explain why they came to present their arguments before Moshe and the court:

“At the time, our teacher Moshe was sitting and expounding the issue of levirate marriage [in which, if a man dies childless, his brother marries his widow (Devarim 25:5-10)]. They said to him: ‘If we are considered the same as a son, then give us an inheritance as a son; if not, then let our mother be married through levirate marriage’” (Bava Batra 119b).

Nevertheless, it is not possible that Moshe had never heard the laws of inheritance! So, what prevented him from deciding the matter immediately?

A number of answers have been suggested. We will try to explore one answer of our Sages (Sifri 17, Bava Batra 119a).

The mishnah (Bava Batra 116b) states that the daughters of Tzelofchad were awarded three portions in the division of the Land of Israel:

1. The portion of their father Tzelofchad.

2. Their father’s portion among the other sons of Chefer.

3. The extra portion of their firstborn.

This is based on the manner in which the Land was apportioned – although there are other opinions on the subject – because this mishnah is predicated on the position that “according to those who left Egypt was the land divided.”

Let us provide an example of this position. Suppose that two men, Reuven and Shimon, were among those who left Egypt, and that Reuven has ten sons and Shimon, one son. Reuven and Shimon died during the forty years in the desert, but all of their children are alive at the time of the census in Chapter 26. When Yehoshua will divide up the land, he will award one portion to Reuven’s estate and one to Shimon’s, and their heirs will divide these portions: each of Reuven’s heirs will receive 1/10 of his portion, while Shimon’s sole heir will receive his portion in its entirety.

To return to the daughters of Tzelofchad: both Tzelofchad and Chefer were among those who left Egypt. As such, each was entitled to a portion in the division in the land. When Chefer died, the right of his portion passed to his sons, and Tzelofchad inherited his own share among them. Furthermore, Tzelofchad was Chefer’s firstborn, so he was entitled to a double portion. It is these three portions – Tzelofchad’s own, his share of Chefer’s estate, and the firstborn’s extra portion – that Tzelofchad’s daughters now claim.

Malbim points out that Moshe brought “their judgment (MISHPATAM)” which connotes a clear law rather than DIN, which would refer to a matter still under discussion. Moshe knew the laws of inheritance, but it was unclear how a particular aspect of the law applied in this case.

The question revolved around the extra portion of the firstborn. The mishnah (Bechorot 8:9) teaches that the firstborn receives his extra portion only if the property was actually in the possession (“muchzak”) of his father at the time of his death; he does not receive that which was designated (“ra’ui”) for his father if it was not in his possession. Now, although a portion of the Land of Israel is designated for Tzelofchad – indeed, as one of those who left Egypt, the land would be divided according to him – still, it was not in his actual possession at the time of his death. So, why should his daughters receive his extra portion?

On the other hand, the generation of the Exodus were told:

And I will bring you to the land about which I swore to give it to Avraham, to Yitzchak, and to Yaakov; and I will give to you as an inheritance (MORASHAH) – I am Hashem (Shemot 6:8).

Accordingly, the Land is considered muchzak by the generation of the Exodus, and Tzelofchad’s daughters should receive his extra portion.

The Talmud (Bava Batra 119b) says that Moshe was uncertain how to define MORASHAH: Is it the same as YERUSHAH, an inheritance, which one both receives and bequeaths, or is it merely something that one bequeaths without receiving?

Hashem’s reply to the daughters of Tzelofchad, that they will receive their share of their father’s extra portion as firstborn, means that MORASHAH is equivalent to YERUSHAH. The Land of Israel was considered muchzak, in our actual possession, from the time of the Exodus.

And so it remains.