Page:The Green Bag (1889–1914), Volume 12.pdf/26

 Chapters from the Biblical Law. means simply that the rabbis, by virtue of the fact that they were the lawful judicial authorities, had the right to render decisions, and that their decisions had the same force as the written word of God. This view, which is the only rational one, is generally accepted in the Talmud, and is commonly attacked by theologians, because it mini mizes the importance of the written word of the Bible, and hence interferes with the dogmatic superstructures that theology has reared upon the Biblical texts. But no written law is sufficient for all times, and men must interpret, extend, and even re peal it, when the conditions of human life compel, for the law was made for man. Now, after Moses had " consulted God" he reached a decision; "and the Lord spake unto Moses, saying, The daughters of Zelophehad speak right; thou shall surely give them a possession of an inheritance among their father's brethren; and thou shalt cause the inheritance of their father to pass unto them." Thus far the decision in this case. No reason is assigned for it, and no general principle is laid down as its foundation. It appears to have been a judgment rendered in this case because of some circumstances unknown to us, — more than likely because of some special rule of inheritance which existed in this family or tribe. If we note the precision with which the names of the parties and their pedigree are established in the opening verses, we are strengthened in this view, that the decision was one which was dictated by the peculiar custom obtaining in this family or tribe, more especially when we note that in the report of this case, in Joshua xvii, 1-6, the following rule is stated : " because the daughters of Manassch had an inheritance among his sons." It seems to distinguish the tribe of Manasseh from the other tribes, and limit the rule to them. This is in full harmony with our theory that this was a special case, decided according to a custom peculiar to that tribe, and that it was not

until afterwards that the decision in Zelophehad's case became a general law. I say " afterwards" advisedly, although in the Biblical text the general law is cited imme diately after the decision; for the mere proximity of laws in the Bible is no proof of their relative chronological order. The Talmudists, who were no modern Biblical critics, but who were free from much of the dogmatism that blinds the eyes of the wise men of our day, recognized the fact that the Biblical laws appear in no regular chrono logical sequence; and, indeed, there is ample proof of this theory. The general law of succession was as follows: "And thou shalt speak unto the children of Israel, saying, If a man die and have no son, then ye shall cause his inheritance to pass unto his daughter. And if he have no daughter, then ye shall give his inheritance unto his brethren. And if he have no brethren, then ye shall give his inheritance unto his father's brethren. And if his father have no breth ren, then ye shall give his inheritance unto his kinsman that is next to him of his family, and he shall possess it; and it shall be unto the children of Israel a statute of judgment, as the Lord commanded Moses." The decision rendered by the court was, however, not allowed to rest undisturbed. By it the daughters of Zelophehad had been declared to be the lawful heiresses of their father's estate. The parties aggrieved were the next of kin who, in default of male issue, had, under general immemorial custom, the right of inheritance. They were, therefore, practically the defendants in the original proceeding, which may be likened to our action of ejectment brought by the daughters to try the title to their father's estate. The defendants appealed from the decision, and sought to have the case re-opened (Num. xxxvi, 1-13), "And the chief fathers of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near and spake be fore Moses, and before the princes, the chief