Foundations of Hebrew Law
Foundations of Hebrew Law

Author(s): Dan Șerban
Subject(s): Jewish Thought and Philosophy, History of Judaism
Published by: Scientia Moralitas Research Institute
Keywords: Zelophehad’s daughters; inheritance; legislation; property; common law; subjective law;
Summary/Abstract: This paper analyzes the biblical episode involving the daughters of the deceased Zelophehad and demonstrates that Hebrew society had the ability to overcome prejudices regarding the primacy of the male sex, even in an eminently patriarchal period. Inheritance is no longer transmitted through the male line and the distinction of sex is eliminated. It must also be recognized that the first important legal disputes in the world appeared in Jewish society long before the codes issued (ius scriptum) during the Roman Empire. They indicate the effervescence of disputes in Jewish legal life. Finally, the Zelophehad episode raises questions about the inspiration and authorship of the biblical text. The ability of the human receiver to perceive and modulate the divine message is accidentally called into question. The study considers societal norms, legal consequences, and ethical aspects involving the daughters' request for inheritance, offering reflections on the evolving nature of laws and the attitudes of society in Hebrew culture.

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