Numbers 27:9
And if he have no daughter, then ye shall give his inheritance unto his brethren.
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EXPOSITORY (ENGLISH BIBLE)
27:1-11 The five daughters of Zelophehad considered themselves as left destitute, having neither father nor brother to inherit any land. Their believing expectation that the word of the Lord would be performed in due season, and their desire of an interest in the promised inheritance; and the modest, candid manner in which they asked, without secret murmurs or discontents, are a good example. They ask for a possession in the land of Canaan. Herein they discovered, 1. Strong faith in the power and promise of God, concerning the giving of the land of Canaan to Israel. 2. And earnest desire of a place and name in the land of promise, which was a type of heaven. 3. Respect and honour for their father, whose name was dear to them now he was gone. He never had done any thing that might bar his children's claim. It is a comfort to parents when they come to die, if though they have smarted for their own sin, yet they are not conscious of any of those iniquities which God will visit on their children. God himself gives judgment. He takes notice of the affairs, not only of nations, but of private families, and orders them according to his will. The petition is granted. Those who seek an inheritance in the land of promise, shall have what they seek for, and other things shall be added to them.Give unto us - As representing our father; that so he, through us his representatives, may enjoy a like inheritance with his brethren. 4. Give unto us a possession among the brethren of our father—Those young women perceived that the males only in families had been registered in the census. Because there were none in their household, their family was omitted. So they made known their grievance to Moses, and the authorities conjoined with him in administering justice. The case was important; and as the peculiarity of daughters being the sole members of a family would be no infrequent or uncommon occurrence, the law of inheritance, under divine authority, was extended not only to meet all similar cases, but other cases also—such as when there were no children left by the proprietor, and no brothers to succeed him. A distribution of the promised land was about to be made; and it is interesting to know the legal provision made in these comparatively rare cases for preserving a patrimony from being alienated to another tribe. (See on [94]Nu 36:5). No text from Poole on this verse.

And if he have no daughter,.... Dies without any issue:

then ye shall give his inheritance unto his brethren; and the children descending from them; that is, if his father was dead; otherwise, if he was living, he was to be preferred to them, according to the Jewish writers; though, according to our law, no estate in fee simple ascends lineally, or goes from a son, who has made a purchase of it, to a father: in the Misnah it is said (x), the order of inheritances is thus,"if a man dies and has no son, then they cause his inheritance to pass to his daughter; a son is before a daughter, and all that descend from the son are before the daughter; the daughter is before the brethren (of her father), and those that descend from the daughter are before the brethren; the brethren (of a man) are before his father's brethren (or his uncles); and they that descend from his brethren are before his father's brethren: this is the general rule, everyone that is before in the inheritance, those that descend from him are before others, and a father is before all that descend from him.''

(x) Ut supra, (Bava Bathra, c. 8.) sect. 2.

And if he have no daughter, then ye shall give his inheritance unto his brethren.
EXEGETICAL (ORIGINAL LANGUAGES)
Numbers 27:9On 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.
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