Pinchas
Numbers 25:10-30:1
I Kings 18:46-19:21
This week’s Torah portion tells two
stories about the pursuit of justice. One story is about a lone man who uses violence to pursue retribution against those who violate communal law. The other story has two sides presenting valid but conflicting arguments to protect the rights of members of the community.
The two stories together make a powerful case for thinking about the process for achieving our goals. It is not enough to be right, it is also necessary to do right.
In the very first verses of the portion we are told about Pinchas, who in his zealotry kills an Israelite man and a Midianite woman who are having illicit sexual relations in front of the entire nation of Israelites. Without speaking, without giving these people a chance to defend themselves, Pinchas rushes to execute them. He does not consult with Moses, who was nearby, instead taking the law into his own hands. Yet because Pinchas has displayed such zeal, God rewards him with a covenant of peace and bestows upon his descendants the office of the priesthood for all time.
While Pinchas’ zeal might reflect deep conviction, it also reveals sinister and disturbing motives. People who are ready to murder, terrorize others and destroy for a cause are often filled with hatred, bitter suspicions and the poison of prejudice. Perhaps we can take cold comfort from the act of zealotry. Passion without reason has always been dangerous.
A few verses further on, there is a practical matter that Moses has to address. He must assign portions of land to each family in the Promised Land, so Moses decrees that land will pass from fathers to sons.
The five daughters of Zelophehad, from the tribe of Manasseh, rise in protest before Moses. They say, “Our father died in the wilderness, and he has left no sons. We ask that his name not be lost but that his portion be given to us, his daughters.” Moses then consults with God and is told that their plea is justified. Moses says, “If a man dies without leaving a son, his property is to be transferred to his daughter.” This unusual moment in the biblical text opens the door to revising a decree because of an overriding moral imperative.
The daughters of Zelophehad were satisfied. But all was not well — the tribal leaders of Manasseh issue a counter-protest. They accuse Moses of cheating them of a portion of the land that should belong to the tribe as a whole. If the daughters are given their father’s land and marry out of the tribe, that land will pass into another tribe.
God informs Moses that the tribal leaders also have a just cause. To solve the dilemma, the daughters of Zelophehad are told they can marry only within their tribe. While women win the right to inherit, the victory is limited. It is subservient to the higher principle of preserving the size and borders of tribal lands.
Both the pleas of Zelophehad’s daughters and the leaders of the tribe of Manasseh are considered just — they uphold the principle of preserving the tribe. Both the biblical and rabbinic tradition make it clear that where there are sons and daughters, the inheritance of property is from father to sons.
Together these stories make us look carefully at means and ends, at processes and outcomes. Pinchas took the law into his own hands and pursued justice without trial or jury, without compassion or understanding. In contrast, the daughters of Zelophedad use discourse and reason to accomplish their ends.
Rashi notes that “the daughters saw what the eyes of Moses didn’t see.” The daughters of Zelophehad teach us how important it is to truly see, not only with our eyes, but with our minds and our hearts as well.
They also stand as models of individuals who sought just means to accomplish just ends. They worked within the structure of their community to make changes. As we think about the injustices that exist in our world, let us remember that the best of our tradition calls upon us to use just means to accomplish just goals.
Rabbi Larry Raphael is the senior rabbi of Congregation Sherith Israel in San Francisco.