Justice promised isn’t justice at all - justice enacted is the only justice there is.

Remember all the way back to the Book of Numbers (chapters 27 and 36)? In the midst of a theoretical discussion of how the Land of Israel would be divided when and if the tribes inherited it, it became apparent that inheritance would pass only through male heirs. One righteous man, Zelophehad, had no sons, but he did have five righteous daughters who seem to have inherited not only his righteousness, but also a propensity to stand up for their own rights. Into that male club of decision makers, these bold women intruded themselves and asked a simple question: is it right for our father’s inheritance to disappear simply because he has no sons? And Moses, after consulting with God, returns the answer: no, that would be wrong.

Case closed, no? Well, actually, no. Anyone who has ever been involved in prolonged negotiations or even conflict know that the matter isn’t solved when the decision is rendered. The matter is concluded only when that decision is implemented. Justice promised isn’t justice at all. Justice enacted is the only justice there is.

Small wonder, therefore, that we have a second act for these righteous, pushy women. Now, in the middle of the Book of Joshua, the conquest of the land newly achieved, Joshua turns to the business of dividing the land among the tribes of Israel. As he is distributing the land according to tribal size, clout, and inheritance, who shows up but the feisty contentious ladies? The daughters of Zelophehad, now listed in a slightly different order, return to see that the inheritance promised them is now delivered.

Why are they listed in a slightly different order? One authority says that the first list presented them in order of wisdom, and the current list presents them in order of age. But I prefer Rashi’s insight. He says they are listed in different orders to teach that they are each of equal worth (Rashi to Numbers 27:1).

They are indeed of equal worth: these five heroes move our sense of dignity and equality one step forward. It may seem a small step in the light of the next few thousand years looking backward, but looking from where they stood, the shift was unprecedented (in two ways: it had never happened before, and there was no precedent to rely on). Moses and God just knew it was right, so the law had to shift.  

We stand on the strong shoulders of Zelophehad’s loud daughters. And on the shoulders of Moses and Joshua who understand that law advances not merely by applying older rules to newer situations, but by locating where justice lies and then interpreting the law in such a way that the more moral outcome emerges, and is implemented.