Chapter 26 discussed the census that would set the boundaries of the land of Canaan. Everything seemed to make sense. The land would be apportioned by the size of the tribes. “The land, moreover, is to be apportioned by lot; and the allotment shall be made according to the listings of their ancestral tribes” (Numbers 26:55).
אַךְ בְּגוֹרָל יֵחָלֵק אֶת־הָאָרֶץ לִשְׁמוֹת מַטּוֹת אֲבֹתָם יִנְחָלוּ
But five daughters saw a problem. They had no brothers and their father died. Why should they not get their father’s inheritance? So, they petitioned Moshe.
“The daughters of Zelophehad… came forward and stood before Moses.”
וַתִּקְרַבְנָה בְּנוֹת צְלָפְחָד… וַתַּעֲמֹדְנָה לִפְנֵי מֹשֶׁה
(Numbers 27:1–2)
Moshe asked God, and God agreed—mandating that in a family of only daughters, the daughters would inherit.
“The daughters of Zelophehad speak rightly; you shall surely give them a hereditary holding.”
כֵּן בְּנוֹת צְלָפְחָד דֹּבְרֹת נָתֹן תִּתֵּן לָהֶן אֲחֻזַּת נַחֲלָה
(Numbers 27:7)
When the daughters of Tzelofchad approached Moshe they explained that “Our father died in the wilderness. He was not one of the faction, Korah’s faction, which banded together against God, but he died for his own sin” (verse 3).
אָבִינוּ מֵת בַּמִּדְבָּר וְהוּא לֹא־הָיָה בְּתוֹךְ הָעֵדָה הַנּוֹעָדִים עַל־ה׳ בַּעֲדַת־קֹרַח כִּי בְחֶטְאוֹ מֵת וּבָנִים לֹא־הָיוּ לוֹ
(Numbers 27:3)
Why was it important to say that he was not one of Korach’s followers and that he died from his own sin? According to Rashi, the daughters are distinguishing him from those individuals who rabble roused and enticed others to complain. He only sinned on his own and did not take anyone down with him. He then brings two opinions that Tzelofchad could have been the person who gathered sticks on Shabbat in chapter 15
“They found a man gathering sticks on the Sabbath day.”
וַיִּמְצְאוּ אִישׁ מְקֹשֵׁשׁ עֵצִים בְּיוֹם הַשַּׁבָּת
(Numbers 15:32)
or one of the people who tried to enter the land without God’s approval in chapter 14.
“They defiantly marched toward the hill country.”
וַיַּעְפִּלוּ לַעֲלוֹת אֶל־רֹאשׁ הָהָר
(Numbers 14:44)
Ibn Ezra splits the two. The daughters believed that those who were in Korach’s cohort would be cut out from inheriting so they first distinguished their father from that group. Then, quoting Rabbi Yehudah Ha Levi, he shows that the daughters explained that their father died prematurely of his own sin which was why he did not have sons.
Ramban does not like either of these interpretations. He believes that the daughters were concerned that Moshe had a vendetta against the descendants of Korach because they had directly questioned Moshe’s authority. Instead, they emphasized to Moshe that their father died “in his own sin”, meaning because of the sin of everyone in that generation who did not believe that God would take them into the land.
Perhaps the answer also lies in the second half of the chapter. Moshe is told to look at the land on the horizon knowing he will not be able to enter.
“Ascend this mountain of Abarim and view the land… but you shall not enter it.”
עֲלֵה אֶל־הַר הָעֲבָרִים הַזֶּה וּרְאֵה אֶת־הָאָרֶץ… וְלֹא תָבֹא אֶל־הָאָרֶץ
(Numbers 27:12)
In response, he asks God to appoint someone in his stead.
“Let ה׳ appoint someone over the community.”
יִפְקֹד ה׳ אֱלֹהֵי הָרוּחֹת לְכָל־בָּשָׂר אִישׁ עַל־הָעֵדָה
(Numbers 27:16)
God chooses Joshua to lead the people.
“Take Joshua son of Nun, a man of spirit, and lay your hand upon him.”
קַח־לְךָ אֶת־יְהוֹשֻׁעַ בִּן־נוּן אִישׁ אֲשֶׁר־רוּחַ בּוֹ וְסָמַכְתָּ אֶת־יָדְךָ עָלָיו
(Numbers 27:18)
Moshe had two sons, but neither were in the running. Moshe was concerned that his efforts would go for naught in the new land. He was not allowed to enter due to his own sin, but would his legacy continue? Just like the daughters of Tzelofchad, God responds that there is a way for his legacy to continue even if not in the “normal” way. Moshe’s legacy can also continue through his disciple, Joshua.