Parshat Pinchas
by Rabbi Avi Billet
This idea was born out of a learning session I had with my daughter, Aliza. She gets a lot of credit for the direction into which this thought developed.
The tale of the daughters of Tzlafchad is shrouded in mystery surrounding the death of their father.
Five years ago, I raised the suggestion of the Zohar that Tzlafchad was the lone victim of the snakes in Bamidbar 21.
But a new reading of the account lends to a new interpretation that perhaps his so-called “sin” wasn’t really a sin at all.
“Our father died in the desert. He was not among the members of Korach's party who protested against God, but he died [in/of] his own sin without leaving any sons.” (27:3)The daughters of Tzlafchad ask Moshe for their father’s portion in the land because they feel his desert-death should not prevent his family inheriting a portion of land.
If their father’s death was relatively innocent, why compare it to Korach’s rebels? Were they really saying that he died because of a sin? How would they know that the sin was the reason for his death?
Abravanel raises a number of points that can help us answer these questions.
They compared their father to Korach to make it clear to Moshe that Tzlafchad never challenged him personally. This might help Moshe be more receptive to their request. Tzlafchad was not a controversial figure.
Their saying “He died in his sin” (‘b’chet’o met) makes any suggestion of his having died at the hands of man (such as the woodcutter in Bamidbar 15:32-36, or in any battle in Bamidbar 14) to be impossible.
But maybe that expression introduces us to what his “sin” was, namely that he did not have any sons.
Before we continue, let us make a couple of things clear. Not having sons is not a sin. People who have only daughters, or people who do not have children at all, have not sinned. It is in God’s hand to grant people children, and whatever cards He deals determines to what degree we have fulfilled our mitzvah to procreate. The Talmud tells us there are three partners in creation (Kiddushin 30b, Niddah 31a) (though modern science can perhaps be counted as a “fourth” partner in Creation for those struggling with infertility), but as one of my teachers once pointed out, the Talmudic passage in Shabbat 31a that lists the questions one will face at the Heavenly Court includes “Did you attempt to procreate?” The question is not whether you were successful or how many children you had, but whether you tried.
Tzlafchad had five daughters. But they are the ones who mention that “he died in his sin and he did not have sons.”
There is only one other place in the Torah when the idea of “not having sons” is mentioned: in a passage that describes how Nadav and Avihu, Aharon’s older sons, had died. Bamidbar 3:4 tells us “Nadav and Avihu died before God when they offered unauthorized fire to God in the Sinai Desert, and they had no sons.”
Trying to pinpoint why Nadav and Avihu died is a longer conversation, with many viewpoints and suggestions offered by the commentaries. But the Midrash (Vayikra Rabba 20) utilizes this verse to make a strange suggestion in the name of Rabbi Levi, that one of the reasons Nadav and Avihu died was because “They did not have sons.” (Bamidbar 3:4). While not having sons is not inherently a sin, it could be viewed in Torah language as a “chet” – a sin. (The Talmud Yevamot 64a suggests it may actually be a sin, but the Torah Temimah explains how it’s not a real sin) Seforno and others suggest that if Nadav and Avihu had sons, those sons would have been kohanim even before Elazar and Itamar. Not having produced these children, they missed out on bringing the next generation of kohanim into the world.
Perhaps, in using a similar language, Tzlafchad’s daughters were saying to Moshe, “Our father died leaving only daughters. In his own way, following the teaching we learned about Nadav and Avihu, his death was in a state of personal ‘sin’ because there were no sons. But, unlike Nadav and Avihu, who had no children, he left behind five daughters. We should get his portion so that our father’s name will not be forgotten.”
This may have actually been a brilliant ploy because Moshe viewed his nephews Nadav and Avihu as very holy (Vayikra 10:3). Perhaps Tzlafchad’s daughters’ appeals to Moshe (and his feelings about his nephews), explaining their circumstance in similar terms, helped Moshe come to the conclusion that of course they should inherit because it is unfair for their father’s circumstance to be compared to Nadav and Avihu. Particularly if Moshe looked past Nadav and Avihu’s lack of children, he would see that Tzlafchad’s daughters were all that their father could have wished for and more.
Certainly having daughters is a great blessing. And maybe, after this tale, the concept of the “sin” of not having sons was laid to rest forever. Because raising children is not about gender. It is about teaching the next generation how to be good people, and good Jews. And certainly in that respect, Tzlafchad was anything but a failure or sinner. He was quite successful!
