Parashat Pinchas: #Girlpower; Or: The real stars of the sidra are the five women siblings who transform society and create justice.

‘Va’tikrav’nah b’not Zelophehad’ – the daughters of Zelophehad approached …. so begins one of the most intriguing stories to take place in the wilderness, a story where the bones of the developing society are laid bare for us to see, a rare narrative of the evolution of the legal code, and of the organising principles of our ancestral community.  And how much richer and more rewarding a text than we might imagine – it begins with this proactive and dynamic move – the daughters of Zelophehad, a man whom we have never heard of up until now, a man who is distinguished at this point only through his death – approach Moses and demand what they see to be their, and their father’s right – inheritance of land for them, and continuation of name and memory for  him.

The very first word on the story is unusual – the feminine plural form of any verb is a rarity in biblical Hebrew grammar, which defaults into the masculine with even a hint of testosterone, however many women there are involved.  And this is an active verb – the action of drawing close to another, used routinely in the search for God with the ritual of korbanut – of offering something precious to God as a sacrifice.  The verb one might expect – of simply coming to speak to Moses, is rejected in favour of injecting a sense of closeness – even of implying relationship.  These are no supplicant outsiders, but people whose perception of themselves is of being at the core of the community, who are able to treat Moses with proper respect but without needing to beg.

Machlah, Noa, Hoglah, Milcah and Tirzah are clearly of interest to the biblical narrator – not only are all their names recorded, but in the book of Joshua they appear again – and once again all the names are listed – to demand that what God had commanded Moses here in the wilderness was honoured once the people reached the land.  They obviously made a huge impression in their determination to inherit the land of their father, and in their determination to work together – five women, siblings, jointly fighting for their principles and their rights.  Given the terrible sibling stories in the bible – the first murder is fratricide and takes place in the very first generation to be born into the world – the relationships each of the patriarchs had with this brothers and the behaviour of Joseph’s older brothers towards him – you might think that it wasn’t even possible to get along with, let alone work with, your peer generation relatives!  There is a vestige of a hint that sisters might get along as long as they weren’t interested in the same man, in the midrash on Leah and Rachel, but actively co-operating with each other for joint good – that is unique I think to these five women.  Small wonder they are remembered with such particular definiteness.

Machlah, Noa, Hoglah, Milcah and Tirzah break the mould of sibling relationships – but they break other moulds too.  Up until this point no-one has come along with their own interpretation of Torah – God has simply given out commandments, either at reaching a new geographical place or during a social crisis.  At no point has anyone so much as solicited a legal opinion from God on a matter God has not yet discussed, let alone come up with their own innovation.  This is something entirely new in the narrative – for someone to come to Moses with a principled resolve based on what they understand to be the right thing to do, and a clear vision of what a Godly society should do.

Rather than merely following rules which have been transmitted to them, these women are willing to innovate, to change the world in accordance with their own principles.  As other women have done before them:– Sarah persuading Abraham to have a son by Hagar, Rebecca disguising the young goat as venison so as to claim the birthright blessing for her favourite son Jacob – the daughters of Zelophehad have taken matters into their own hands and changed the course of history.  This is a radical shift in the development of the Jewish people.  While one can make the case that since Eve in the Garden of Eden, men have tended to follow the rules which are laid down (or at best to interpret them within a narrow focus), women have brought about disjunction and change, this is the first time that the women’s behaviour has been given the imprimatur of God – ‘ Kein b’not Zelophehad dovrot – the daughters of Zelophehad speak right’  – there is divine approval for the different model of approaching the world, that of creating something new that is not connected with what was already in place, of breaking new ground because one is driven to do so by a sense of justice, of the absolute rightness of the new action.

The story of the daughters of Zelophehad is a story designed to remind us to stand up for rights, even if they are not yet perceived to be rights;  it is a story to remind us that all things might be possible, even with a God who seems to have it all sorted out already, even in a wilderness where the right might seem to be too abstract or too unfulfillable to be relevant.

The daughters of Zelophehad did groundbreaking work, which emerged from their confidence in themselves and the justness of their cause, from their supportive relationship with each other, from the need to link the past with the future and identify themselves within that future.  They established a legal presence and right for themselves and for all women in the future – the right to control their own economic provision.  We know that later on the right was constrained to daughters who married within their own tribe, that while they achieved economic power for women they were still kept away from the more potent power of the time – that of religious decision making – at least within the public and recorded sphere, but that should not change how we view this radical model of behaviour – you  still have to stand up and claim your rights and responsibilities even if you don’t immediately or easily achieve them – you need to challenge even God if necessary, to battle for what you believe to be important, to make your mark upon the world by fighting to make the world a better place.

The world hasn’t changed since the days of Machlah, Noa, Hogla, Milcah and Tirzah – it still seems that generally speaking men tend to operate by following or implementing the rules  and that women work by transforming them.  You only have to look at the impact women have had on the rabbinate to see that generality in action!   The question we need to be asking ourselves is not ‘why is the world so unfair’ but ‘in what way will I change the world because of what I believe in, because of my own faithfully held principles?’

(Adapted from the sermon for my daughter’s batmitzvah parashat Pinchas 2000 – a true disciple of the b’not zelophechad school of women fighting for social justice. Dedicated to the formidable Charlotte Fischer)

 

The minor daughter sold to another man:parashat mishpatim asserts her rights.

 

“And if a man sell his [minor] daughter to be a maidservant (le’amah) she shall not leave as the male servants do. If she does not please her master who should be espoused to her/ who is not espoused to her, then he shall let her be redeemed.  He has no power to sell her on to a foreign people for he has dealt deceitfully with her. And if he espouses her to his son then he will treat her as he would treat a daughter. And if he takes another wife [having married her himself] he must not diminish her food, clothing allowance or conjugal rights. And if he fails to provide her with these, then she shall be able to leave freely, without any money to be paid” (Exodus 21:7-11)

Sometimes in bible we are taken aback at the worldview of the text, a perspective that is so far from ours as to seem it comes from a completely different universe.  One response has been to effectively excise some texts from the biblical canon, never going to far as to physically remove them perhaps, but certainly to ensure that they are not read or brought forward to support our current system of beliefs or actions.

At first reading the fate of a minor daughter seems to be that she is powerless and of use only insofar as money can be made from her. It appears that the daughter is an asset to be leveraged for the benefit of the father or the family. And this must have seemed to be reasonable to some, for otherwise why would we find in the Babylonian wisdom literature the maxim – “The strong man lives off what is paid for his arms (strength), but the weak man lives off what is paid for his children” which is surely warning people not to sell their children for profit.

Bible however is a subtle text and we cannot simply read the first half of the verse without the conditions required in the second half and the following verses on the subject. It begins with the presumption that a man may sell his daughter to be a maidservant   (AMAH ).  Immediately we note that this must be a minor daughter over whom the father has authority, which already limits the possibility for him to take this action. Then we see that while the word ‘AMAH’ is used and is posited against the male servants (AVADIM) the word that is NOT used is ‘SHIFCHA’ a word which is more servile in its usage. AMAH can be used of a free woman when speaking to a social superior; SHIFCHA is not used in this way. So she is being sold not as a slave but as an AMAH, a status that Hagar, Bilhah and Zilpah are also described as having, and as Ruth and Hannah, Abigail and Michal will also  describe themselves later in bible.

After this introductory phrase that must have been familiar to the original audience for the biblical text, that a many might sell his daughter to another, comes a set of conditions that make clear that whatever the girl is being sold for, her rights are clearly stated and they are tightly drawn and powerfully asserted.

First – she is not someone who is sold as a male slave for whom the sabbatical year of jubilee year will end the contract being made and from this we can clearly deduce that while the context of the narrative is the rights of the Hebrew slave, the rights of this minor girl are different. Something else is happening here and the contract is quite different.

The first clue is the expectation that she is being sold into the household of a man who will later expect to marry her and raise her status accordingly. What is she doing in his household? She is learning the business of becoming a wife and director of the household, something that for whatever reason she does not have access to in her own parental home.

The text then goes on. If the master of the house does not wish to marry her at the appropriate time of her maturity, then he must arrange that she is redeemed from the contract. Rabbinic law assumes that someone in her family will act as go’el and pay out the remaining debt her father has incurred.

The master of the house is expressly forbidden from passing her on to another family – she is not property to be sold on, she is not to be given in prostitution. The bible is absolutely clear – if he does not marry her then he has broken the original contract and so he now has no legal power or ability to direct her future.

The one curiosity here is that there is a kerei ketiv – that is the text is written in one way but understood differently. The negative LO (Lamed Alef) is written, but the text is read as if the word were LO (Lamed Vav). As written it would read “Her master who has not become espoused to her”, as read it is “Her master who has become espoused to her”.  It seems that the Masoretic text cannot imagine that her master did not begin by arranging the engagement, the first part of the marital contract, and instead they think he must have changed his mind once she grew up and was unwilling to go through with it. I think this underlines just how deeply the assumption was that the contract between the father of the girl and the master of the house was that she was being given up early to be married in the future – either because the father was too poor to offer a dowry at the time it would be needed, or too poor even to support her while she grew up. It may even have been done in order to settle the girl’s future in times of political unrest. We know that the Jewish marriage ceremonies which are nowadays done either in one day or at least very closely together were originally separated into the two ceremonies of betrothal and subsequent marriage and that these could take place years apart from each other, the ‘bride’ and ‘groom’ continuing to live in their respective homes after the betrothal for many years before the actual marriage took place and the couple came together as a new family.

Bible gives the possibility that should she not marry the father of the house, then she might marry the son of the house – something which may have delayed her future status but not otherwise significantly alter it. And if she did marry the son rather than the father, her rights as a full member of the family are once again asserted. She is to be treated in every way as a daughter of the house.

The passage then lays down the rights of the girl should she subsequently find that her husband takes another wife – something that might damage her status in the home and leave her marginalised and potentially poorer than before he did so. Thus bible clarifies that the rights of the wife to food, clothing and sex are absolute, and that nothing and nobody can diminish these rights.

It ends with the clear statement about the limits of the contract even if the man has broken it by espousing the girl to his son and therefore lost all rights of ‘ownership’ or privilege.

Should the girl find that she is not being given the full status of married woman, that she is not given the food, clothing and sex that are her rights, then she is free to go – the man has broken his contract and has no hold over her whatsoever – she does not need to be redeemed by a goel or even pay any remaining debt incurred by her father and by her own maintenance in the household – she is a free woman in every way

This passage, which on first reading appears to say that a minor girl can be treated as a chattel to be sold at the whim of her father to a man who would then establish his own ownership is nothing of the sort. The bible actually stops a man selling his daughter as a slave for the purposes of prostitution, and in this first and only legislation in the ancient near east to discuss the rights of a girl who is sold, the girl is protected by some quite draconian legislation, her rights and the obligations to her spelled out beyond the possibility that someone might try to reinterpret what is happening.  Interestingly any obligation of the girl is not mentioned. While we assume she will work to pay for her maintenance, this is not specified. The text is interested only in protecting her and putting boundaries around what the men in her life may think they are able to do with her.

While it would be nice to think that she would be consulted in the betrothal as Rebecca was (albeit without seeing Isaac) we must be grateful for what we get in the world view in which bible was formed. We have here the basis for the rights of all wives – to food, clothing and a home/ sexual relations. Rabbinic law took the text from here in order to provide a basic minimum for every woman who threw her lot in with a man in marriage, and thus protected women in a world which was otherwise potentially disrespectful and without care for her needs.

The unknown AMAH of Mishpatim is the beneficiary of quite phenomenally forward thinking law. Her personhood was respected far more than the mores of the time. There might even be a case to say that a girl from a poor family who might otherwise only be able to look forward to a life of hardship and work either married to a man too poor to offer her much or not able to provide a dowry in order to be married at all, would in this way be able to jump out of her impoverished setting into one of economic security.  One cannot help but think of the women from less economically thriving countries offering themselves in marriage on the internet to men from wealthier countries in order to better their own standard of living.

I cannot say I am thrilled by this passage, but we must be aware of the context of the narrative and the legal codes it comes to replace. The sale of minors was common throughout Assyria and Babylonia and there are documents to suggest it was also in practise in Syria and Palestine. And we see in the book of Kings (2K 4:1) that children might be seized into slavery by their dead parents’ creditors. Nuzi documents show that sale into a conditional slavery was practised, whereby the girl would always be married but not to the master of the house, rather to another slave. The genius of the biblical amendment was that the girl was to be raised in status and treated properly for her whole life, and that she would be freed if certain conditions were not met.

The minor daughter of a man who needed to be free of the economic burden she represented was vulnerable. To this day in some societies daughters are perceived as less valuable, less giving of status to the family, and as people who will never be as economically worthy as sons. It remains true of course that women’s work is not valued in the same way that work done by men is and sadly many women have bought into this viewpoint so even high flying career women will see an increasing gap between their remuneration and that of their male colleagues.

It would be wonderful for this perception to be erased. There is no intellectual or scientifically validated case for it to be held, and yet even in modernity it holds great power in society.  Bible cannot help us here, but it is something to hold on to – that bible restricts the rights of men over their vulnerable daughters and over the defenceless women in their household and it clearly and powerfully ascribes and asserts rights for those women, rights which Jewish legal codes have had to uphold even in highly patriarchal and paternalistic times and groups.

It looks to me from this text that God is aware of the problem humans seem to have with gendered power, and has set a model for dealing with it we could emulate. As the Orthodox Union just tried to curtail the rights of women in scholarship and leadership positions with a  responsum so out of touch and lacking respect for its own constituency, it is good to see that this ancient text gives a lead on the building of the status of women who may need such building, and does not try to either take advantage of them nor to diminish their place in the world.

 

To study further I recommend reading:

“Slavery in the Ancient Near East”. I Mendelsohn in “The biblical Archaeologist”  vol 9 number 4

Josef Fleischman in The Jewish Law Annual ed. Berachyahu Lifshitz. Taylor & Francis, 1 Sep 2000

http://www.jta.org/2017/02/02/top-headlines/ou-bars-women-from-serving-as-clergy-in-its-synagogues