Page:Keil and Delitzsch,Biblical commentary the old testament the pentateuch, trad James Martin, volume 1, 1885.djvu/1241

 become extinct, if his daughters had married into other families or tribes. On the other hand, if his daughters received a possession of their own among the brethren of their father, the name of their father would be preserved by it, since they could then marry husbands who would enter upon their landed property, and their father's name and possession would be perpetuated through their children. This wish on the part of the daughters was founded upon an assumption which rested no doubt upon an ancient custom, namely, that in the case of marriages where the wives had brought landed property as their dowry, the sons who inherited the maternal property were received through this inheritance into the family of their mother, i.e., of their grandfather on the mother's side. We have an example of this in the case of Jarha, who belonged to the pre-Mosaic times (1Ch 2:34-35). In all probability this took place in every instance in which daughters received a portion of the paternal possessions as their dowry, even though there might be sons alive. This would explain the introduction of Jair among the Manassites in Num 32:41; Deu 3:14. His father Segub was the son of Hezron of the tribe of Judah, but his mother was the daughter of Machir the Manassite (1Ch 2:21-22). We find another similar instance in Ezr 2:61 and Neh 7:63, where the sons of a priest who had married one of the daughters of Barzillai the rich Gileadite, are called sons of Barzillai.

verses 5-7
This question of right (Mishpat) Moses brought before God, and received instructions in reply to give the daughters of Zelophehad an inheritance among the brethren of their father, as they had spoken right. Further instructions were added afterwards in Num 36:1-13 in relation to the marriage of heiresses.

verses 8-11
On this occasion God issued a general law of inheritance, which was to apply to all cases as “a statute of judgment” (or right), i.e., a statute determining right. If any one died without leaving a son, his landed property was to pass to his daughter (or daughters); in default of daughters, to his brothers; in the absence of brothers, to his paternal uncles; and if there were none of them, to his next of kin. - On the intention of this law, see my Archaeol. §142 (ii. pp. 212, 213); and on the law of inheritance generally, see J. Selden, ''de success. ad leges Hebr. in bona defunctorum'', Fkft. a. O. 1695.

verses 12-14
The Death of Moses Foretold. - After these instructions concerning the division of the land, the Lord announced to Moses his approaching end. From the mountains of Abarim