History was made this week. The
proverbial glass ceiling was broken. For the first time in the history of the
United States, a major political party formally nominated a woman for the
President of the United States. While so many participants at the Democratic
National Convention were praising themselves, while the press was taking a “pause”
to recognize the historical significance, one talking head rightly pointed out
just how behind the United States is. After all Angel Merkel has been the leader
of Germany for many years already. Great Britain was led by Margaret Thatcher
in the 1980’s. Indira Gandhi led India
in the first half of the 1980’s, Benazir Bhutto was the Prime Minister
of Pakistan in the late 1980’s and then in a second term in the mid 1990’s. And
before all of those women were elected to office, Gold Meir a diminutive Jewish
woman from Milwaukee Wisconsin (via Kiev), became Prime Minister of Israel in
the late 1960’s and early 1970’s. Yes Golda Meir broke the glass ceiling nearly
50 years ago. However Jewish law began breaking glass ceilings long before
Golda Meir.
This Shabbat we read from Parsha
Pinchas. The first few psukim (verses) of the Parsha are a direct continuation
of the previous Shabbat Parsha Balak. There is no elapse of time in the
narrative. Balak concludes with a plague upon B’nai Yisroel for its worship of
Moabite/Midianite god, Baal Peor. Aaron’s son Pinchas zealously acts by killing
Zimri from the tribe of Shimon and Cozbi the Midianite woman. God tells Moshe
to reward Pinchas for his behavior by giving him the Brit Shalom, the Covenant
of Peace. This covenant is only for Pinchas and his descendants. Keeping in
mind that B’nai Yisroel has now concluded it 40 years of wandering in the
wilderness and are poised upon the eastern bank of the Jordan River; a new
census is taken. Just like we needed to know how many left Egypt, we now need
to know how many will enter into Eretz Canaan. After the census is taken Moshe
must judge a legal case concerning the laws of inheritance when a man has only
daughters. This brief narrative is about the “Daughters of Tzelophchad”.
Following this narrative, God commands Moshe to teach the new generation the
laws for time bound offerings including the Shabbat offering, the Rosh Chodesh
offering, the offerings for the Shelosh Regalim (Three Pilgrimage Festivals etc).
The narrative concerning the Daughters
of Tzelophchad is really the first instance in the Torah of a glass ceiling
breaking. No, it may not be as dramatic as becoming the first Prime Minister or
President, however the seeds for ground breaking change at the highest level,
owe, in small part to small very subtle shifts in social norms. This narrative
illustrates the point. B’nai Yisroel is about to enter Eretz Canaan. Each tribe
is to receive an area. Each family within each tribe is to receive tribal land.
Until that moment, in that part of the world, and at that time, inheritance was
through the man. A son inherited his father. If there was no son, then
inheritance would revert to the living brother (if one existed). Or land would
be inherited by the son- in law, or held in trust, until the daughter of the
deceased married. The idea that a daughter could inherit was unheard of, and
unthinkable. How do we know this? The daughters present their case to Moshe and
he doesn’t know how to decide. So he asks God: Avinu Meit BaMidbar V’Hu Lo Hayah B’Toch Ha’Eidah HaNoadim Al Adoshem B’Adat
Korach Ki v’Cheto Meit U’Vanim Lo Hayu Lo – Our father died in the Wilderness, but he was not among the assembly that
was gathering against Hashem in the assembly of Korach, but he died of his own
sin; and he had no son. Lamah Yigra
Shem Avinu MiToch Mishpachto Ki Ein Lo Bein T’nah Lanu Achuzah B’Toch Achei
Avinu – Why should the name of our
father be omitted from among his family because he had no son? Give us a
possession among our father’s brothers. Quite cleverly, the daughters
explain that their father did not participate in any rebellion against Moshe’s
nor God’s authority. Rather he committed and individual sin that led to his
death. However that should not preclude him nor his family from receiving land.
Clearly this was entirely new and Moshe had never no idea how to solve this
precedent setting legal issue. VaYakreiv
Moshe et Mishpatan Lifnei Hashem
– So Moshe brought their claim to Hashem.
However a hint as to decision exist in the word MishpataN (their claim). The
last letter of the word is written in a bold font compared to the rest of the
Torah letters. This special letter designating the daughters tells us that the
daughters were meritorious and worthy of making the claim. They did so in a
respectful manner mindful of the law and willing to work within the
system. The rest of the narrative
substantiates the final letter’s special font in MishpataN as God instructs Moshe that indeed, the daughters inherit
and this precedent will become law just like the laws that Moshe presents to B’nai
Yisroel at the Parsha’s conclusion.
Yes, we take it for granted that
woman can own land. However it didn’t always use to be like that. First Lady
Michelle Obama pointed out in her speech to the Democratic National Convention,
that young millennial woman (including my three daughters) take for granted
that a woman can aspire to anything including President of the United States. But
for those who came first, for those who set the precedent, it wasn’t something
to be taken for granted. It wasn’t considered normal. As God says to Moshe- Kein B’not Tzelophchad Dovrot – The
daughters of Tzlophchad speak properly. The daughters had merit, they
wanted the same responsibilities and land oriented obligations as everyone else
who had received land. They did not want
any special favors; just an equal opportunity. Yes, sometimes the glass
ceilings breaks as a result of one big rock. Sometimes it breaks as a result of
thousands of small stones thrown at the ceiling over the course of time, chipping
away here and there, making a tiny crack here and there, until finally it
shatters.
Peace
Rav Yitz
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