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Why did the daughters of Tzelofchad present their inheritance claim as an either-or proposition involving yibum laws? Their argument seems illogical — if they're not considered children for inheritance, having their uncle marry their mother through yibum wouldn't advance their goal of obtaining land. The shiur examines this puzzling legal strategy and its connection to the women's love of Eretz Yisrael.
The shiur begins by examining the aftermath of the spy episode, where an entire generation of men perished in the desert while the women survived. Rashi (רש"י) explains this distinction: the men said "Let us appoint a leader and go back to Egypt," while the women demonstrated their love for the land by saying "Give us a possession." This sets up the context for understanding why the Torah (תורה) juxtaposes this episode with the story of the daughters of Tzelofchad. The daughters of Tzelofchad approached Moshe with a legal claim for inheritance rights. However, their argument presents a logical puzzle that requires careful analysis. They argued that if they are considered "children" in terms of yibum laws — meaning their uncle would be exempt from marrying their mother — then they should certainly be entitled to inherit their father's portion. Conversely, if they are not considered children for inheritance purposes, then their uncle should perform yibum with their mother.
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Parshas Pinchas 26:64, 27:3
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