The Biblical Basis for Society and the Rule of Law.  (Numbers 27: 1-11)

 Transcript 

People often say, 'You can't take it with you,' Well, if that’s the case, and it definitely is, the question arises: who gets it? 

The way we transfer our property today once we pass away is through either having a will or not having one. There is another possibility called a living trust but that for another day. But let me discuss these options briefly.

If you have a will, which is something you write out. In other words, the will is nothing more than instructions to allow a special court called a probate court legally allow those wishes to be carried out. The will goes through probate and after probate determines it's a valid will, then after all debts are paid the assets are distributed. At that instant, all that you've stated in the will is executed. 

But what if you don't have a will?

Let's discuss what happens if you don't have a will. Well in the UK if you pass away without a will, then your estate still goes to probate, but the state essentially determines who gets your assets. With slight variation, this is most countries basis of dealing with this, all around the world in democratic countries anyway. Even socialist countries, with just a few hard line communist and Marxist countries doing otherwise.

But how do they determine who gets the assets? What principles do they use? It might surprise you to know, but the basis on which they decide is rooted in a Judeo-Christian principle. In other words, their guidelines comes straight from the Bible and this concept, among many others, is found in Numbers chapter 27.

Now, just in passing, let me mention that it's not just the inheritance laws that are based on Scripture. Our whole judicial system is based on what some call the Judeo-Christian values system.

To put it simply, it's based on the Bible. The Jews call it the Hebrew Scriptures, we call it the Old Testament, but it's all the same thing. Our entire judicial system is based on Scripture.

What we're going to look at in this session has to do with one part of it which is the biblical version of inheritance laws."

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1 The daughters of Zelophehad son of Hepher, the son of Gilead, the son of Makir, the son of Manasseh, belonged to the clans of Manasseh son of Joseph. The names of the daughters were Mahlah, Noah, Hoglah, Milkah and Tirzah. They came forward 2 and stood before Moses, Eleazar the priest, the leaders, and the whole assembly at the entrance to the tent of meeting and said, 3 “Our father died in the wilderness. He was not among Korah’s followers, who banded together against the Lord, but he died for his own sin and left no sons. 4 Why should our father’s name disappear from his clan because he had no son? Give us property among our father’s relatives.” 5 So Moses brought their case before the Lord, 6 and the Lord said to him, 7 “What Zelophehad’s daughters are saying is right. You must certainly give them property as an inheritance among their father’s relatives and give their father’s inheritance to them.

8 “Say to the Israelites, ‘If a man dies and leaves no son, give his inheritance to his daughter. 9 If he has no daughter, give his inheritance to his brothers. 10 If he has no brothers, give his inheritance to his father’s brothers. 11 If his father had no brothers, give his inheritance to the nearest relative in his clan, that he may possess it. This is to have the force of law for the Israelites, as the Lord commanded Moses.’”

(Numbers 27: 1-11)

Interesting!

The first verse mentions a man named Zelophehad who had five daughters. The passage goes into detail listing his genealogy, including his ancestors and his daughters. It then emphasizes the importance of having a son to carry on the family name, which was a significant cultural expectation at the time.

Zelophehad's story begins with his death, it is stated in verse 2. His daughters then approach Moses, Eleazar the priest, and the leaders of the congregation at the Tabernacle entrance. They explain that their father died in the wilderness, but not as a result of the rebellion led by Korah against the Lord. Instead, he died naturally without leaving any sons.

This absence of sons poses a significant problem regarding the inheritance of his property. Up to this point in ancient time property typically passed to the sons, while daughters just received a dowry upon marriage.

With no sons to inherit, there was no clear provision for the distribution of Zelophehad's property.

Furthermore, the size of each tribe's portion of land in the Promised Land was determined by the size of the tribe. Since Zelophehad had no sons, there was uncertainty about how his portion of land should be allocated among his descendants. 

This issue becomes even more critical considering the importance of tribal land allotment in Israelite society.

To address this dilemma, the daughters of Zelophehad seek clarification and resolution from Moses, Eleazar, and the leaders of the congregation. 

So this detail of everyone being called to adjudicate signals to us that their case prompts a significant legal and cultural discussion, which will unfold in the following verses.

All of this emphasizes the significance of inheritance within each tribe. It was crucial for each member of a tribe to have a son who could inherit a portion of land within the tribe's allotment. This would ensure the continuity of family lines and the preservation of ancestral properties.

In our modern culture, we can relate to this concept through scenarios like passing down a family farm or a business from one generation to the next. Similarly, in ancient Israel, the passing of land from father to son was essential for maintaining family heritage and wider societal stability.

The daughters of Zelophehad, recognizing the importance of preserving their father's name and inheritance, so they approach Moses, Eleazar the priest, and the leaders of the congregation with their request. 

Their plea reflected not only their desire for inheritance but also their commitment to honour their father's memory.

Please note the boldness of their request indicated their faith in God's promises, because remember this request is being made before the children of Israel have even settled in the Promised Land.

By appealing to Moses and the Lord, they demonstrated their trust that God would provide for them and uphold justice in their situation.

Moses, confronted with this circumstance, probably for the first time, turns to the Lord for guidance. This response highlights for us the importance of seeking divine wisdom when faced with challenges beyond human understanding. 

Just as Moses sought God's counsel, we are encouraged across the whole bible, both Old and New Testament to ask for wisdom in times of uncertainty.

Ultimately, this passage can serve as a reminder of the faithfulness of God to those who trust in Him and seek His guidance. It encourages us to approach Him with all our questions and concerns, confident that He will provide the wisdom and direction we need, not only in times of trouble, but in times of uncertainty as well.

In Moses' case, the Lord directly communicated His clear decision, stating, "The daughters of Zelophehad are right”; you should give them the inheritance of their father and allow it to pass to them." 

This divine decree settled the matter definitively, affirming the daughters' right to inherit their father's portion of land. 

It stands as a clear demonstration of God's justice and care for the vulnerable in society.

Verse 8 then introduces the broader legal principle regarding inheritance, expanding beyond the specific case of Zelophehad's daughters. The Lord commands Moses to convey to the children of Israel that if a man dies without daughters, his inheritance shall pass to his brothers. This establishes a foundational law for future cases, ensuring clarity and fairness in all matters of inheritance.

But the Lord doesn't stop there; He goes further to address scenarios where a man has no sons, daughters, or brothers. In such cases, the inheritance is to be passed to his father's brothers, then to the nearest relative in the family lineage. 

This meticulous attention to detail reflects God's concern for preserving and securing family heritage and maintaining stability within the wider community.

Verse 11 solidifies this principle as a statute of judgment for the children of Israel, ensuring its permanence in their legal framework forever thereafter. 

In other words, it's not just a one-time ruling; it's a binding law that will guide future generations in all matters of inheritance.

This passage also offers insights into how this thing called case law first developed in ancient Israel. In other words in such instances when decisions are made they become precedents for similar cases in the future. Illustrating the dynamic nature of Israel's legal system, that has continued down to this day.

Additionally, we see the importance of preserving societies heritage through marriage and the requirement for daughters inheriting their father's estate in situations like this.

This requirement ensured that the inherited land remained within the family, the tribe, and then the nation maintaining the cohesion and identity of the wider community.

In essence, this passage showcases God's wisdom in establishing laws that promote justice, fairness, and the preservation of family and cultural heritage.

It also underscores the significance of seeking divine guidance in matters of governance and legal interpretation, ensuring that societal structures reflect God's values and principles.

Perhaps the daughters of Zelophehad thought they faced a unique dilemma, prompting them to seek guidance from Moses and the Lord. But God’s response not only addressed their immediate situation but also established a lasting legal precedent, akin to what we would call case law in modern legal terminology. 

This case served as a foundational example for future rulings regarding inheritance, ensuring consistency and fairness in similar circumstances in perpetuity.

While judges today are not bound to adhere strictly to precedent, case law still remains a vital factor in legal deliberations, reflecting the principles and values established in prior rulings.

In the context of Numbers 27, the Lord's establishment of inheritance laws can also be seen as an early form of case law emerging within Israelite society. Each new ruling added to the existing body of legal wisdom, ensuring consistency and clarity in matters of inheritance and beyond.

This process of legal development has mirrored the broader evolution of our legal systems over time.

The significance of birth right laws extends beyond legal birth-rights and resonates with broader themes of justice, family, and societal structure. 

The story of Ruth, though not directly equivalent to the case of Zelophehad's daughters, still illustrates how adherence to legal principles can lead to blessings and inclusion within the community.

Ultimately, the principle laid out in Numbers 27 — that a man's possessions go to his nearest relative in the absence of sons — encapsulates the essence of inheritance law in ancient Israel. But it also reflects the importance of family ties and wider social continuity while at the same time providing a framework for resolving inheritance disputes and ensuring the equitable distribution of assets.

The foundational principles of our judicial system, such as the rule of law, the presumption of innocence, and due process, all find their roots in biblical teachings. These principles ensure fairness, impartiality, and justice in our legal system, and they are deeply ingrained in both our laws and our cultural ethos.

Think about the rule of law for a moment. This principle asserts that no one is above the law, and it is essential for maintaining order and equality in society. 

Deuteronomy 1:16-17 instructs judges to hear cases impartially, never showing favouritism based on status or wealth. Leviticus 19:15 reinforces this idea, emphasizing the importance of impartial judgment and righteousness.

Acts 10:34 further emphasizes that God shows no partiality, underscoring the divine mandate for justice and fairness for all.

The presumption of innocence until proven guilty is another fundamental aspect of our judicial system. This principal safeguards individuals from unjust accusations and ensures that guilt must be proven beyond a reasonable doubt. 

While this principle has faced challenges, particularly in certain social contexts, its importance cannot be overstated because it reflects the biblical notion of justice. 

Accusations must be substantiated with evidence before guilt is established.

Lastly, due to the process established here in this passage the principal is further introduced which guarantees that individuals are entitled to fair treatment in all legal proceedings. 

This ensures that everyone receives a fair hearing and an opportunity to present or defend themselves. In the context of legal proceedings, due process is essential for upholding justice and protecting individual rights. 

Overall, these biblical principles serve as the foundation of our western democracies, the whole judicial system, guiding our laws, institutions, and societal norms. 

Although the may be expressed with some variety across the many countries in which we find people listening to this podcast they still for the most part embody timeless values of fairness, equality, and justice first shown here in the Levitical law and the book of Numbers.

It is these principles that ensure that our legal system operates with integrity and accountability. And today as we navigate complex legal issues and societal challenges, it is more essential than ever to uphold these principles and their biblical origins. 

The biblical principle of the rule of law, which asserts that nobody is above the law, finds resonance throughout history, including in the governance of kings and monarchs. 

From Magna Carta to the present day, the King in the UK was expected to adhere to the law just like any other citizen. This principle underscores the idea that no one, regardless of their position or status, is exempt from legal obligations.

In contrast, ancient Greek political theory, as advocated by Plato, proposed the rule of a philosopher king who stood above the law, highlighting the distinctive nature of biblical and US judicial systems as being based in a Jewdio-Christian world-view, not in the cold logic of the stoics as some would argue today.

The presumption of innocence until proven guilty is another cornerstone of our legal system, rooted in biblical teachings. Deuteronomy 19:15 will later establishes the requirement for multiple witnesses to establish guilt, emphasizing the importance of evidence and due process. 

Another principle therefore emerges that safeguards individuals from unjust accusations and ensures that guilt must be proven beyond a reasonable doubt before any conviction can occur.

Due process, as will be outlined further for us in Deuteronomy ensures that individuals receive fair treatment and a thorough investigation before any judgment is rendered. 

Another principle that underscores the importance of impartiality and careful inquiry in legal proceedings, reflecting the biblical mandate for justice and righteousness.

Inheritance laws, such as those in the UK and the US have biblical roots and principles at their heart. Without a will, the state determines the distribution of assets based on predefined biblical laws.

Whether through a will or legal statutes, the biblical principles of fairness, impartiality, and justice continue to shape our legal system and guide our approach to inheritance and estate planning to this day, and thanks be to God for that.