web analytics
July 25, 2014 / 27 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



Home » Judaism » Parsha »

The Claim Of The Daughters Of Tzelaphchad

The Gemara in Baba Basra 119b relays the following conversation that took place in this week’s parshah: Moshe Rabbeinu was teaching the halachos of yibum when the daughters of Tzelaphchad approached him with the following question: Our father died in the midbar and did not have any sons. Why then is our mother not required to fulfill the obligation of yibum? And if the fact that he had daughters is the reason that she is not obligated to fulfill this requirement, why then can we (his daughters) not receive an inheritance – just like sons would?

The Gemara in Shabbos 96b says in the name of Rabbi Akiva that Tzelaphchad was the individual who was mekoshesh eitzim (the gatherer of wood) in the midbar on Shabbos. This act of Shabbos desecration was the reason he was put to death.

The Chasam Sofer (Teshuvos 6, likutim 56) was asked the following question: The Mordechai’s opinion is that a mummar’s wife does not fall into the category of yibum since the deceased husband is not worthy of having his name upheld. How then could the daughters of Tzelaphchad have asked that their mother be required to fulfill yibum when their father was, in Rabbi Akiva’s view, a mummar due to having been the mekoshesh? Why didn’t Moshe Rabbeinu simply answer that their father was considered a mummar, thus negating their mother’s requirement to fulfill yibum?

One answer that the Chasam Sofer offers is that the halacha of the Mordechai only applies when one dies while still a mummar, for only then is he not worthy of retaining his name. However, Tzelaphchad did teshuvah before he died and therefore his wife could fall to yibum even according to the Mordechai. We see this from the fact that the Torah listed with him all of his ancestors – who were all tzaddikim.

Another answer that the Chasam Sofer suggests is that the Mordechai’s halacha does not apply to a mummar unless he leaves the religion and joins a different one. Only such a person is not worthy of having his name upheld. But a mummar who does not leave the religion to join another one, even if he desecrates Shabbos or does avodah zarah, is still worthy of having his name upheld. Thus, even the Mordechai would agree that his wife would fall to yibum; hence Tzelaphchad’s wife was able to fall to yibum.

The Chasam Sofer also points out that the question is based on a premise that is not necessarily true. He says that it is not clear whether the mekoshesh acted in public or in private when desecrating Shabbos. Had he acted in private, he does not attain the status of a mummar. There is a machlokes as to which melachah the mekoshesh transgressed; one says he carried four amos in reshus ha’rabim, another says he cut off the branches, and a third says he was making piles. According to the opinions that he cut off the branches or that he made piles, there is no indication that he acted in public. Therefore he would not be considered a mummer and his wife could fall to yibum.

On face value it seems that the Chasam Sofer forgot a Tosafos in Sanhedrin (78b d”h lo). There Tosafos says that Moshe Rabbeinu reasoned that the mekoshesh should deserve death by stoning, since a mechalel Shabbos in public is likened to one who does avodah zarah (who is stoned). The Chasam Sofer’s father-in-law, Rabbi Akiva Eiger, understands the Tosafos to mean that he acted in public. We see this from his question on Tosafos. He asks that since according to Tosafos a mechalel Shabbos can be killed (just as one who does avodah zarah, since a mechalel Shabbos is likened to a practitioner of avodah zarah), how do we then know what Hashem’s answer to Moshe was? Perhaps Hashem agreed with Moshe that the mekoshesh should be stoned only because he acted in public, thereby likening him to one who did avodah zarah. However, one who desecrates Shabbos in private but who is not compared to one who does avodah zarah would receive death by strangulation (the form of death given when the Torah does not specify which form of death).

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “The Claim Of The Daughters Of Tzelaphchad”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
cease fire!
Ceasefire Talks Again
Latest Judaism Stories
Rabbi Avi Weiss

When taking any major step in life it is a good idea to carefully re-evaluate one’s past.

Rabbi Sacks

Ours is a small and intensely vulnerable people. Inspired, we rise to greatness. Uninspired, we fall

Teller-Rabbi-Hanoch-NEW

The enormity of Hiram’s accomplishments crazed him and deluded him into self-deification.

The-Shmuz

When Hashem first thought (if it could be) about creating the world, the middah of din was in operation.

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

It was found to be a giant deer tick living in her head – with its claws in her scalp.

While daydreaming about finding the perfect job, I never expected to be rewarded in spades for my aforementioned experience.

We are all entrusted with the mission of protecting our fellow Jews

Today, we remain Hashem’s nachal.

Will Your brothers go to war, while you sit (in peace) here? (Bamidbar 32:6)

Perhaps, just perhaps, we can relate to this: whenever we feel distant from Hashem, that is the Churban.

Over the next 2 weeks covering portion Matot and Maasei, Rabbi Fohrman will bring order to confusion.

Our home is in the center of the Holy Land, surrounded by (what else?) green hills and valleys.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

Taste-of-Lomdus-logo

There are several rules that one must adhere to when making a neder.

We need to understand why Moshe Rabbeinu decided to ask that his sons inherit his position after this new halacha was introduced.

If it is not prohibited when there is a purpose for inflicting the tza’ar, why was Bilam chastised for tza’ar ba’alei chaim?

How can we be certain that any animal can be counted toward ma’asar beheimah when perhaps it is a treifah?

This separation between Kohanim, Levi’im and Yisraelim obligates us to honor kohanim.

The pasuk says that since the halacha concerning a Mechallel Shabbos was uncertain, the mekoshesh was placed in custody until the halacha was clarified.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/parsha/the-claim-of-the-daughters-of-tzelaphchad/2012/07/11/

Scan this QR code to visit this page online: