Introduction
Parshas Pinchas mentions the concept of inheritance in two different contexts: a) the designation of Eretz Yisrael as the eternal inheritance of the Jewish people; and b) the request of the daughters of Tzelofchad to inherit their father’s portion of the land, which is followed by the detailed laws of inheritance that G-d outlined to Moshe in response to their request.
Building on those references in the ensuing sichah, the Rebbe discusses Rambam’s listing of the mitzvah of inheritance as the last of the positive commandments. The Rebbe understands that Rambam chose this mitzvah as the final command because it sums up the theme of all positive commandments.
The Rebbe proceeds to explain the concept of inheritance in Jewish law and, furthermore, the significance of the description of the Jewish people as G-d’s inheritance. In the course of his discussion, he also clarifies the nature of our relationship with G-d; what it means to be G-d’s children and His chosen nation.
The Final Commandment
1. When enumerating the mitzvos at the beginning of the Mishneh Torah (and similarly, in his Sefer HaMitzvos), Rambam lists as the final positive commandment the charge “to judge the laws concerning inheritance, as it is written, ‘When a man dies without a son....’ ”
It is well known that Rambam structured his work in extremely precise order. Thus, it can be presumed that the placement of the commandment concerning the laws of inheritance as the final positive commandment was deliberate, indicating that these laws embody the most apt conclusion to the positive commandments.
Similar logic applies to Rambam’s choice of the first positive commandment, “to know that there is a G-d, as it is written, ‘I am G-d your L-rd.’ ” The reason for that choice is obvious: It is the first and the most fundamental of all the mitzvos that follow, as Rambam writes in the beginning of Mishneh Torah, “The foundation of [all] foundations and the pillar of [all] knowledge is to know that there is a Primary Being.” Rambam emphasizes the prominence of this mitzvah when listing the mitzvos in his introduction, referring to it as “the first mitzvah.”
Why Conclude With This Mitzvah?
2. At first glance, the reason for concluding with this mitzvah can be explained as follows: All of the other mitzvos are to be fulfilled during a person’s lifetime. By contrast, the mitzvah of inheritance applies only after a person’s lifetime. Therefore, Rambam lists this mitzvah as the last and as the conclusion of all the mitzvos.
Obviously, this is a very forced explanation. Firstly, there are several other mitzvos which Rambam mentions previously that involve a person’s death and matters that follow it. Furthermore, the mitzvah of inheritance is not incumbent on the person himself, but rather upon the Jewish court. It is their responsibility “to judge the laws of inheritance,” as the Rambam explains in detail when discussing these laws. In the Mishneh Torah, he clarifies the order of inheritance according to which the court adjudicates the division of the estate among the living heirs; it is readily apparent that this mitzvah does not concern itself with the deceased. Therefore, it is not appropriate to explain that it is listed last in the order of the mitzvos because it is connected with the passing of the testator.
Another point requires explanation: As a prooftext for the mitzvah to judge the laws of inheritance, Rambam cites the verse, “When a man dies without a son....” On the surface, these words do not appear to communicate the theme of the mitzvah.
There are versions of the text that include additional words from the verse, “you shall transfer his inheritance....” And some others also conclude the text with a portion of a later verse, “It shall be for you a statute of judgment,” for these are the words that communicate the theme of the mitzvah concerning inheritance. Nevertheless, since the standard printed texts of Rambam’s Mishneh Torah only cite the words, “When a man dies without a son...,” it is necessary to say that these words also communicate the theme of this mitzvah.
Simply put, it could be said that by citing the first words of the passage, Rambam has in mind the entire continuation of the passage. (Indeed, we find such a pattern regarding other mitzvos in the Mishneh Torah.) Nevertheless, since all the aspects of the Torah are characterized by exact precision, it is reasonable to say that these words alone communicate a fundamental concept regarding inheritance. In particular, this appears appropriate in this instance, since Rambam does not add the word vegomar, which would indicate that he is referring to the continuation of the passage.
The Reward of an Inheritance
3. It is possible to say that Rambam’s conclusion of the listing of the positive mitzvos with the mitzvah “to judge the laws of inheritance” resembles the conclusion of the six orders of the Mishnah, which states: “In the [Ultimate] Future, the Holy One, blessed be He, will bestow an inheritance upon every tzadik..., as it is written, ‘To endow those who love Me with an inheritance of substance.’ ” There are commentators who explain that the Mishnah concludes with this teaching specifically because it speaks of the reward for the observance of the Torah and its mitzvos, a reward that comes after the conclusion and completion of the study of the Torah and the fulfillment of its mitzvos. The Mishnah is precise in its wording, “In the [Ultimate] Future, the Holy One, blessed be He, will bestow an inheritance...,” because the reward which comes after the conclusion of one’s service of the Torah and its mitzvos is the inheritance that will be granted in that Future Era.
It is possible to say that similar concepts apply to the passage from the Mishneh Torah under discussion. Rambam concludes with the mitzvah concerning inheritance because the conclusion and completion of all the mitzvos of the Torah is connected with the concept of inheritance, as stated above.
Three Different Conceptions of the Jews’ Bond with G-d
4. It is possible to explain the above by first introducing the following concept: The Torah relates the passage concerning inheritance as a continuation of the concept of the division of Eretz Yisrael into ancestral heritages. In response to the claim of Tzelofchad’s daughters, “Grant us an ancestral heritage together with our father’s brothers,” G-d answered, beginning with the words, “When a man dies without a son....” With regard to the division of Eretz Yisrael, in addition to the general concept of dividing the Land into ancestral heritages, there were three specific concepts involved:
- The Land of Israel was granted to the Nation of Israel as an inheritance and divided into ancestral heritages among the tribes.
- It was divided according to the pattern, “to the more populous [tribes], you shall give a larger inheritance and to the less populous [tribes], you shall give a smaller inheritance.”
