Judaism and Some Women's Rights

 

                          "Why should our father’s name be eliminated from his family because he had no son?" - Numbers 27:4

One of the themes of this week's Torah portion, Pinchas, concerns women's rights to inheritance and ownership of property in Jewish Law.

Modern - day Women's Rights movements, as we know, have argued, over time, for social, political, and economic equality of the sexes. Ancient Judaism, as history shows, arose, as a religion, in the cradle of the patriarchal world of the Ancient Near Eastern cultures and, similarly, did not set women’s rights as its mission.  

These patriarchal societies, as the name suggests, were highly male dominated where men held primary power, with authority in political leadership, moral authority, social privilege and ownership of property. It meant that male heads of households controlled family structures, inheritance law and religious life, among other spheres of influence. 

Though in some cultures (notably Mesopotamia), women had legal rights to own property, manage businesses, initiate divorce or even hold spiritual roles, these were exceptions and reserved mostly to the elite class.  Even the Hammurabi Code (a legal code dating back to Babylonia, circa 1754 BCE), which provided wives and widows with some protective regulations, considered progressive for the time, still treated women as some form of possession.

Despite the restrictions on women in ancient Jewish law, Judaism specified some rights and valued roles that stood out when set side by side with other contemporaneous ancient societies. It is safe to argue that Judaism contains some proto - feminist elements in comparison to other archaic Near Eastern religions.

One can spot such elements already in the story of creation, recounted in the book of Bre’esheet. There, Torah tells us that “G-d created humankind in His image, male and female He created them” (1:27). In a world such as the Ancient Near East, where myths demean women, the notion that a woman is created in G-d’s image was considered radical.

Another example pointing at some egalitarian overtones in the Eden setting, can be found in Bre’esheet 2:24 where it states, “Therefore, a man shall leave his father and his mother, and cleave to his wife, and they shall become one flesh.” This decree which goes counter to the practice of patrilocality, exercised in other societies, at that time, where wives moved to their husbands' family home suggesting deep union, was revolutionary.

This week’s Parashah takes the titular theme one step further. It is a landmark Torah episode that addresses inheritance rights and highlights women’s role in shaping Jewish law.

The Parashah informs us that prior to entering the Promised Land, G-d instructs Moshe to partition the Land according to tribes, more precisely to the males in each tribe. In the case of death, only the sons will receive their father’s inheritance, thus ensuring that it remains in the family.

One family in the tribe of Menashe, the Zelophehad family, had only daughters. Their father died in the desert. The five daughters are concerned that they will not be entitled to land. They turn to Moshe to request their share.

Since patrilineality, the practice whereby descent and inheritance pass through the male line was the convention, at that time, it was an eventuality unexpected by Moshe. He, therefore, turns to G-d. G-d sides with the daughters, upholds their righteous claim and orders Moshe to grant them their request. This, naturally, is remarkable, especially in a tribal society where land was passed only through males. What is even more momentous is that the Torah adjusts the inheritance law in response to women’s advocacy, challenging existing norms.

There was, however, one condition to granting their request. They must marry men from their own tribe.  Rabbi Sacks sums this episode very succinctly, “The daughters did not lose their rights to the land,” he states, “but they did lose some freedom in choosing their marriage partner.”

Many Jewish scholars claim that it is the wisdom of Zelophehad’s daughters which brought about that outstanding achievement. Here is an overview of what some Jewish sources consider wise about them.

Midrash Sifrei (Numbers 133) states, “The daughters of Zelphehad were wise, they were interpreters of the Torah.” They understood that the purpose of the inheritance laws was to preserve each family’s stake in the land. By requesting an inheritance, they upheld the underlying value of the law, not just its letter.

Rash”i believes that it was their right approach which was respectful and sound that convinced G-d to respond favourably. “The daughters of Zelophehad speak rightly,” says G-d (Numbers 27:7). “Fortunate is the person,” claims Rash”i, in his commentary on this verse, “whose words the Holy One, blessed be He, agrees with.”

Midrash Tanchuma (Pinchas 9) asserts that their wisdom is reflected in their love for the Land which signals their deep faith in the promise of the Land of Yisrael.

The Babylonian Talmud (Baba Batra 119b) praises them for bringing a question whose answer was included in the Torah but had not yet been explicated. “They saw what Moshe did not see,” it states. Their question created a new legal precedent.

Zelophehad’s daughters have become an enduring model of righteous, intelligent and effective contributors to women’s rights within the Biblical and Ancient Near Eastern context. They turned their personal grievances into a lasting legal reform which made them pioneering figures of moral courage and legal influence at challenging and critical times in Jewish history.

Shabbat Shalom, dear Am Yisrael and fellow Jews and a peaceful weekend to all.