The Intermarriage of Tribes and the Catholic Tradition
The Daughters of Zelophehad
Introduction
It is quite common, when one enters into the realm of the touchy topic of the marriage laws of the Old Covenant, that one will hear the interpretation that such laws were simply meant to regulate the marriage between those of the true religion and those of false religions, much like the precepts concerning “mixed marriages” that we see in the teaching and law of the Church. Yet, from a careful study of the relevant laws given by God to Bl. Moses, we see that the reality of the laws of the Old Covenant is much more complicated than this simplistic narrative.
This is seen especially in the case of the daughters of Zelophehad (Num. 27, 36). Initially, in Numbers 27, they come to Moses to put before him a difficult question. Their father had died for his own sin, i.e., “he was not among the company of those who gathered themselves together against the Lord in the company of Korah,” (Num. 27:3) which also seems to exclude him from death as one of those murmuring against God (Num. 11) or as one revolting at the time of the spies (Num. 14). While some commentators identify him with the man killed for gathering sticks on the Sabbath in Num. 15 (Hugh: qui interfectus fuit ex mandato Domini, quia colligebat ligna in Sabbato), this seems uncertain (Bl. Denys: non videtur certum…vir ille qui ligna collegit in sabbato, fuerat lapidatus, de quo omnibus patuit quod non fuit in seditione Core…fuit notabilis vir, de quo non apparet, quod personaliter ligna collegerit).
Yet, Zelophehad also died while only bearing daughters. Hence, what is to be done with his inheritance? The Lord extraordinarily permits these women to have possession in the land, “you shall give them possession of an inheritance among their father’s brethren and cause the inheritance of their father to pass to them.” (Num. 27:7) Then, he takes the occasion to give a judgement on inheritance laws for those dying without sons, delineating the various levels of next of kin. (v. 8–11)
Yet, this is not the last time we hear about the daughters of Zelophehad. Those of their tribe brought forward a valid complaint. If God allowed these women to have inheritance, what is to take place upon their marriage? Clearly, if these women were to marry those of different tribes, then the wealth and land that should enrich their tribe would be exported to other tribes, “if they are married to any of the sons of the other tribes of the people of Israel, then their inheritance will be taken from the inheritance of our fathers, and added to the inheritance of the tribe to which they belong; so it will be taken away from the lot of our inheritance.” (Num. 36:3)
In order to avoid this bad consequence, the solution is simple. First, it is obviously just (in accordance with the ruling of Numbers 27) that the daughters have the inheritance of their father. Second, it is also just that the inheritance of the father remains in his own tribe, “the tribe of the sons of Joseph is right.” (Num. 36:5) Hence, the obvious solution is that the daughters ought to be legally required to marry within their own tribe, “let them marry whom they think best; only they shall marry within the family of the tribe of their father.” (v. 6)
Yet, it is here that the difficulty begins to take shape, and there is some controversy within the Catholic tradition. What is the scope of this law? Does it apply only to those daughters who have inheritance (as the Hebrew text seems to indicate), or does it apply universally to all daughters in Israel (as the Latin Vulgate seems to indicate)? Further, how does this express principles of the natural law concerning marriage?
