Petition of the Two and a Half Tribes/2

Petition of the Two and a Half Tribes

Exegetical Approaches

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Moshe Had it Right!

The two Tribes’ original request had two components: one explicit, to receive their portion on the eastern side of the Jordan and one implied, that they would not be participating in the conquest. According to several sources, Moshe correctly inferred that R&G did not intend to join the campaign and saw this as an immediate threat to the success of the Conquest. By comparing their request to the Spies, Moshe is expressing his indignation that they would prefer to settle outside the borders that G-d had chosen for them. Therefore, his harsh response was justified. 

Sources: PhiloOn the Life of Moses I 320-328On the Life of Moses I 329On the Life of Moses I 330On the Life of Moses I 332About Philo Bemidbar Rabbah22:622:8About Bemidbar Rabbah  RashiBemidbar 32:7Bemidbar 32:16Bemidbar 32:17Bemidbar 32:19Bemidbar 32:24About R. Shelomo Yitzchaki  Tzeror HaMorAbout Tzeror HaMor   MalbimBemidbar 32:6-7Bemidbar 32:14,16Bemidbar 32:31-32About R. Meir Leibush Weiser NetzivBemidbar 20:10Bemidbar 32:1Bemidbar 32:6Bemidbar 32:7Bemidbar 32:7Bemidbar 32:11Bemidbar 32:13Devarim 3:16About R. Naftali Tzvi Yehuda Berlin     Bemidbar 32:6-7Bemidbar 32:14,16Bemidbar 32:31-32About R. Meir Leibush Weiser

Dangers  in  Not Participating in the Conquest

•  Moshe's indignant exclamation ,האחיכם יבאו למלחמה ואתם תשבו פה¹ and his comparison to the Spies, implies and warns of the damaging psychological effect upon the other tribes, seeing their brothers already settled safe and sound while they yet faced long and dangerous struggles. This is elaborated by PhiloOn the Life of Moses I 323On the Life of Moses I 324About Philo .   Following Bemidbar Rabbah22:6About Bemidbar Rabbah  that  likens R&G to the rebellious Korach², commentaries, such as, Rashi, Bemidbar 32:7About R. Shelomo Yitzchaki and the MalbimBemidbar 32:6-7About R. Meir Leibush Weiser, note that this situation, would weaken their morale and create jealousy and divisiveness³.
•  The  NetzivBemidbar 32:6About R. Naftali Tzvi Yehuda Berlin  points out that  given how  the lands of Sichon and Og had been conquered by the united effort of all the tribes, for two of the tribes to now claim for themselves the fruits of that combined effort and to leave to the others, alone, the burden of conquering  Canaan was presumptuous and immoral.

Dangers in Receiving Land Outside of Canaan

• By their preference for land outside the boundaries of Canaan, Tzeror HaMor Bemidbar 32About R. Avraham Saba (Tzeror HaMor)Tzeror HaMor  and Akeidat Yitzchak  accuse R&G  of being guilty of ,וימאסו בארץ חמדה⁴ that  will further demoralize the rest of the Tribes.The promise of the Land is a central  element of every revelation by  G-d to all the  Avot and is a component of the Birkat Avraham that accompanies and guides  the Bnei Ysrael through their  bondage  and exodus from Egypt,  and their wandering through the Wilderness. All the references to the Land, beginning with the promises to the Avot, speak of “the land of Canaan” which in the days of Moshe had a particular geographic referent.   While its  north-south borders were never considered definitive ,מנהר מצרים עד הנהר הגדל נהר פרת"⁵, the  natural borders of the Mediteranean Sea  and Jordan River , determined its east-west limits. It did not include the lands east of the Jordan. For those situated on the east side of the Jordan, it was always, “when you will cross the Jordan”. And so,  G-d said to Moshe while he was on the east side of the Jordan, והיה ביום אשר תעברו את הירדן אל הארץ אשר ה' אלקיך נתן לך"⁶, the Land that G-d gives you as an inheritance is on the west side.⁷

•  Moshe fears that settlement of R&G outside of Canaan would be considered by G-d as a grievous sin, resulting in some sort of collective  punishment  just as  it was in the case of the  Spies ,or perhaps as the NetzivBemidbar 32:13About R. Naftali Tzvi Yehuda Berlin suggests, an extension of the Spies' punishment of wandering the desert.

Failed Moral Compass

•   Bemidbar Rabbah22:8About Bemidbar Rabbah followed by RashiBemidbar 32:16About R. Shelomo Yitzchaki, Tzeror HaMor , and the Akeidat Yitzchak85About R. Yitzchak Arama , interpret the emphasis by the text of the abundance of cattle owned by R&G as a demonstration of their  wrongly placed greater value on their  material wealth than the spiritual importance of living in the sanctity and under the special providence of Eretz Yisrael. Bemidbar Rabbah22:6About Bemidbar Rabbah condemns their misplaced priorities and see that as the reason they were first to be exiled⁸.

•  The Tribes'  wealth and military victories over Sichon , Og and Midian may have  had generated a sense of over confidence.  The fact that this generation were not newly liberated slaves, but rather , had attained a certain degree of independence and self-sufficiency during their stay in the wilderness, may have further strengthened their self confidence. According to Akeidat Yitzchak85About R. Yitzchak Arama, this situation might have lead  to a sense of "כחי ועצם ידי" and   a lack of trust in G-d. This might explain  their  willingness to live alone in territories that were exposed to incursions  that lacked the natural defenses  of Canaan⁹.

Moshe  Acquiesces

• In response to Moshe’s outrage, R&G now propose  to send a military force, "נחלץ חשים" to serve as a vanguard to help the tribes conquer Canaan, and not to return to their families until each of the tribes have received their portion in Canaan,  "עד אשר הביאנם...עד התנחל בני ישראל איש נחלתו"¹⁰.SefornoBemidbar 32:33About R. Ovadyah Seforno  and  Spero¹¹ suggest, that while strict authoritarianism would require that Moshe stick to the  Divine plan and insist that the R&G settle in Canaan, Moshe  had to weigh the possibility of popular rebellion, as was the case of Korach¹²  and the Ma’apilim¹³ , if he refuses their request.  As a sort of “lame duck” leader at this time, it would have been much more difficult to assert his authority.  The immediate, positive gain of R&G’s willingness to send their men as a vanguard force, outweighed the possible negative .
•  In regard to the question of: Did Moshe consult with G-d before he accepted their proposal? From the words," את אשר דבר ה '¹⁴ it would appear that Moshe did receive Divine sanction for the agreement , affirmed by Moshe in Arvot Moav¹⁵, ה'  אלקיכם נתן לכם את הארץ הזאת לרשתה and   later by Yehoshua, " וישבו וילכו בני ראובן ובני גד שבט המנשה מאת בני ישראל משלה אשר בארץ כנען ללכת אל ארץ הגלעד אל ארץ אחזתם אשר נאחזו בה על פי ה' ביד משה".¹⁶

Moshe as Leader

•  Moshe’s  critical, yet calculated   response is an example of crisis management and damage control aimed to educate  and ensure for smooth implementation of the agreement under  Yehoshua, as described by PhiloOn the Life of Moses I 328On the Life of Moses I 329About Philo, Akeidat Yitzchak85About R. Yitzchak Arama,  MalbimBemidbar 32:14,16About R. Meir Leibush Weiser  and Samet¹⁷. These commentaries explain how  only after Moshe's passionate and critical reaction, do the  two Tribes take council with each other,  modify their request with a generous counter proposal  and the tension is diffused . Here, Moshe demonstrated seasoned leadership and good judgment.
•  In order to further strengthen the legality of the agreement, Moshe spells out the terms  of the condition: If you will do this thing…..and if you will not do so….. This is referred to in the Talmudic literature as "תנאי בני גד ובני ראובן"¹⁸ , which is the prototype for a condition to have legal standing. According to Chanina ben Gamliel¹⁹, the double condition is necessary to clarifiy that the Tribes' will not loose their right to a  portion in Canaan,  in the situation that they do not keep their side of the bargain²⁰ .

• It would appear that the agreement was solemnized by the Tribes taking an oath, as it says, והייתם נקים מה' ומישראל²¹. Moshe then,  brings the agreement  before Elazar HaCohen , Yehoshua and the heads of the Matot, the same judicial bodies that  will supervise the Conquest and  portioning of the land in Canaan. The successful completion of the Tribe's mission and the fulfillment of the agreement will take place 14 years later, as described in Yehoshua 22 .

Sudden Appearance of Menashe

•  According to this approach, that the very request of  R&G was offensive and which triggered Moshe’s harsh response, how do we understand what seems to be Moshe’s unsolicited offer to settle clans from Menashe in Eiver Hayarden? In addition, assuming that מכיר, does not refer to the family of or descendents of  מכיר, as the RambanBemidbar 32:41About R. Moshe b. Nachman ²²explains, then,  based on the chronology of the Tribe of Menashe²³, Machir, the grandson of Yosef, was probably not alive when the Bnei Yisrael were about to enter Canaan. A commentary on Chronicles, attributed to a  student of Saadia Gaon , claims  that  the sons of Menashe had temporarily conquered some territories on Eiver Hayarden much earlier, while their father, Yosef ,was still a vizier in Egypt. Now that these lands had been “liberated” , Moshe honored their claims to the land and their right to settle there²⁴.

Textual Points

•  ומקנה היה לבני ראובן ולבני גד עצום מאוד ויראוו את ארץ יעזר, ואת ארץ גלעד והנה "המקום מקום מקנה²⁵ -The introductory words of the chapter that begin with the subject (and not a verb),already set  the tone and   direct  the reader’s attention to the Tribes’ accumulated wealth . Samet ²⁶points out that the root   קנ"ה that is mentioned  twice in the introduction and twice in  the Tribes’ first conversation²⁷  -focuses on the quality of  possession/aquisition. Moshe avoids that subject-except when he  uses a substitute word  צנאכם²⁸ . 
• "עטרות ודיבן ויעזר ונמרה וחשבון"-Rosenson²⁹ suggests that the unconventional manner that R&G present their request by listing the names of the cities without providing their general context, and the hesitant, hinting manner of verses 4,5-as if “beating around the bush, suggests that they themselves sense that their request is problematic.
• "הארץ אשר הכה ה"–Akeidat Yitzchak85About R. Yitzchak Arama  contends  that the only mention of G-d by R&G in their initial request  was perhaps  an attempt to neutralize any accusation that they were acting immorally by taking for themselves, land conquered by a joint effort of all Bnei Yisrael. Their implicit argument is that these lands were primarily  conquered  through the help of G-d..and so, too, will Canaan be conquered with Divine intervention.
• The repetition of the word ויאמרו  while in the middle of an uninterrupted conversation, that began  in verse 2, is a textual phenomenon that might  indicate a break in the continuity of the conversation that will have an impact on the 2nd half of the conversation. Samet³⁰ suggests how Moshe’s lack of a response- his “deafening silence” (symbolized by the פרשה סתומה) is the break that will cause the Tribes to present their  request  in a straightforward way,יתן את הארץ הזאת לעבדיך לאחזה אל תעברנו את הירדן³¹."
•  להניע-להניא-להניח³² - Samet³³ shows how  Moshe’s play on verbs further connects the two Tribes’ and   the Spies’  respective sins and punishments with  each other.³⁴
• "ויראו את ארץ"- refers to R&G’s  laying eyes on Eiver Hayarden, reminds us of Moshe’s instructions to the Spies וראיתם את הארץ³⁵.  People see the same scene through different lens’.  R&G saw Eiver Hayarden through the lens of self-interest, while the Spies were told by Moshe to see it in all its promising possibilities.
• אל הארץ אשר נתן להם ה and ...את האדמה אשר נשבעתי לאברהם ליצחק וליעקב-By referring to Canaan as the Promised land, three times in his  first response, Moshe is  insinuating   that the Tribes’  preference  for  Eiver Hayarden is misplaced.
• לבני ראובן ולבני גד...בני גד ובני ראובן.." According toChizkuniBemidbar 32:2About R. Chizkiyah b. Manoach , Ibn EzraBemidbar 32:1Bemidbar 32:2About R. Avraham ibn Ezra and RambanBemidbar 32:1About R. Moshe b. Nachman,  because of their greater wealth and military prowess,the Tribe of Gad,  were the initiators of the plan and therefore, are listed first throughout the chapter, except for the introductory verse-out of respect for Reuven, the biological Bechor. The NetzivBemidbar 32:1About R. Naftali Tzvi Yehuda Berlin supports this claim from the text that describes Reuven's holdings as רב, whereas, Gad's were עצום מאד.
•  כי בא נחלתנו אלינו-According to RashBemidbar 32:19About R. Shelomo Yitzchaki (as understood by the RambanBemidbar 32:19About R. Moshe b. Nachman,  this sounds somewhat arrogant,  as if to say that it was a “done deal”, before the negotiation was over.
• ויגשו אליו- Akeidat Yitzchak85About R. Yitzchak Arama and the MalbimBemidbar 32:14,16About R. Meir Leibush Weiser understand that Moshe’s  harsh response, surprised R&G .  They now drew  closer to Moshe, and primarily to him offered their modified proposal  ,perhaps out of a sense of embarrassment ( symbolized by the  פרשה סתומה) . 
•   עבדיך...אדני...עבדיך...אדני- The multiple expressions  of humility reflect  their attempt to ease  the tension.
• דרת צאן נבנה למקננו פה וערים לטפנו   -In their revised  version , R&G suggest that they will settle the Eastern Jordan, where they will build fences for their livestock and then, cities for their children , to which Bemidbar Rabbah22:622:8About Bemidbar Rabbah  comments, שעשו את העיקר טפל ואת הטפל עיקר. Following the midrash, RashiBemidbar 32:16About R. Shelomo Yitzchaki points out that  Moshe’s 2nd response will correct their faulty order of  priorities,בנו לכם ערים לטפכם וגדרת לצנאכם . By their third response, R&G will integrate this lesson, טפנו נשינו מקננו וכל בהמתנו יהיו שם בערי הגלעד. 
• לפני הי- In contrast to R&Gs’ counter proposal  which did not mention G-d, Moshe invokes  G-d’s name 7 times in his response to their counter proposal (20-23). As  Akeidat Yitzchak85About R. Yitzchak Arama  point outs, Moshe is using this opportunity to  educate the Tribes, that their actions be  לשם שמים, that is, that they are fighting not only in the name of G-d, but by doing so they may be assured of the help of G-d.  
• והייתם נקים...ואם לא תעשון כן הנה חטאתם לה. From these  words we can infer that the Tribes took a solemn oath before G-d to keep their promise³⁶.
• לבני גד ולבני ראובן ולחצי שבט מנשה בן יוסף-Menashe’s lineage  is mentioned here t o legitimize their claim to  lands in Eiver Hayarden, which according to the Book of Chronicles, took place during the life of Yosef³⁷. 

 
 
 
 

Moshe Misjudges

According to this approach , R&G  had  every intention of participating with all Bnei Yisrael  in the   Conquest. The only  meaning of "אל תעברנו את הירדן" ³⁸,”do not move us across  the Jordan”,  was in regard to settlement and inheritance. However, fueled by memories of the traumatic episode of the Spies, and all the damaging effects that it  had on the morale of the Bnei Yisrael ,  Moshe concluded that they are  refusing  to participate in the Conquest, as he exclaims,  האחיכם יבאו למלחמה ואתם תשבו פה.Only after they are given the opportunity to clarify their original proposal, does Moshe reconsider and  acquiesce . According to this view, the central problem of this chapter  is with Moshe’s hasty, over reaction which leads to his misunderstanding the Tribes'  request which may  indicate a flaw in his leadership .

Sources: Josephus ,4 7:3About Josephus Antiquities of the Jews R. Yosef Bekhor ShorBemidbar 32:14About R. Yosef Bekhor Shor , RambanBemidbar 21:21Bemidbar 32:19Bemidbar 32:41About R. Moshe b. Nachman AbarbanelBemidbar 32About R. Yitzchak Abarbanel , Samet

Moshe's Indifference to their Request to take their Inheritance in Eiver Hayarden – Since Moshe makes no explicit reference to their preference to settle in Eiver Hayarden over the Promised Land, neither in his initial outburst nor even in his acquiescence  to their clarified position, it would seem that this was not a problem.  Perhaps this was because at some point he consulted with G-d and received Divine approval³⁹. According to RashiDevarim 1:4About R. Shelomo Yitzchaki ⁴⁰  RambanBemidbar 21:21About R. Moshe b. Nachman,and the  AbarbanelBemidbar 32Bemidbar 32About R. Yitzchak Abarbanel, it is  also possible that  Moshe ( as perhaps did R&G), saw the  miraculous military victory  of the Lands of Sichon and Og as the beginning of the Conquest and included in the command"החל רש לרשת את ארצו...ויתנהו ה' אלקינו לפנינו"⁴¹,  and, as such, subject to the laws of inheritance⁴².

Was the Request of R&G Motivated only by Self -Interest? The request of R&G to settle in Eiver Hayarden may not have been  motivated solely by personal interest but by the following concerns.  Samet⁴³ points out that had   these recently conquered lands been permitted to remain unoccupied, they would have been soon inhabited by enemy populations on Canaan’s doorstep. By settling these lands and cities, the two Tribes can serve as a ring of defense for the Israelites on the western side of the Jordan, against incursions from the Arabian Desert. In addition, by not taking their inheritance in Canaan, this enabled all the other tribes to each receive a larger portion⁴⁴. Economic prosperity for the two Tribes would also be an asset for the rest of Bnei Yisrael.
These wider concerns of  R&G can be seen in the way they order the aspects of their clarified proposal. They first specify their intentions 1) to build fences for their livestock and cities for their children,2) to go first into  battle as an expeditionary force  and 3) to remain in Canaan until the land is apportioned among all the Tribes.  As Josephus 4 7:3About Josephus Antiquities of the Jews, Yosef Bekhor ShorBemidbar 32:14About R. Yosef Bekhor Shor and  ChizkuniBemidbar 32:17About R. Chizkiyah b. Manoach   point out, this can be seen as an argument that their ability to fight effectively and remain in Canaan for an indefinite period,  will be enhanced by their knowledge that their families and livestock are safely settled.

Moshe as Leader – Moshe’s hasty, over-reaction to the request of R&G can be seen as another indication of the infirmities of age, as in the episode of the Mei Meriva, according to the NetzivBemidbar 20:10About R. Naftali Tzvi Yehuda Berlin.   Although the Torah says about  Moshe:⁴⁵ומשה בן מאה ועשרים שנה במתו לא כהתה עינו ולא נס לחה  , Moshe admits about himself,   בן מאה ועשרים שנה אנכי היום לא אוכל עוד לצאת ולבוא⁴⁶.  In spite of unusual strength of body and spirit, Moshe may have been undergoing the painful experiences of  “burnout” and déjà vu. It could be that Moshe is not permitted to go with his people into the Promised Land because his talents as a leader were  no longer suitable to the new reality, and so we read, יען לא האמנתם בי להקדישני לעיני בני ישראל לכן לא תביאו את הקהל הזה אל הארץ אשר  נתתי להם.⁴⁷

The Sudden Appearance of Menashe – Once Moshe receives G-d’s approval to settle R&G in Eiver Hayarden,  he  can feel comfortable in offering other  territory in Eiver Hayarden to the  clans from  Menashe. Especially since, as we indicated  (approach 1)⁴⁸, Moshe was merely handing over lands that they had  previous claims to, that were now “liberated”. 
It may also be that Moshe was concerned about the possible dangers of the  growing alienation between the tribes of the east and west of the Jordan. By positioning certain clans of the tribe of Menashe on Eiver Hayarden , this would enlist family and tribal ties that would connect the two communities separated by the Jordan⁴⁹. The fact that their portion in Canaan was contiguous with their portion on the other side of the Jordan, would make them a good candidate for this task. The Moshav ZekeinimBemidbar 32:33About Moshav Zekeinim   suggests that Moshe saw that the land in Eiver Hayarden was too vast  for only Reuven and Gad to settle, and so for security reasons, offered a few clans from Menashe to join them.  The NetzivDevarim 3:16About R. Naftali Tzvi Yehuda Berlin  points out that  the tribe of Menashe  was knowledgeable in the Torah tradition and would make them a valuable asset to the isolated communities in Eiver Hayarden.  According to this approach, conquests by Machir son of Menashe in Gilead, Bamidbar 32:39, took place as described, after being invited by Moshe to join R&G in Eiver Hayarden.  However, the text in Devarim 3:12-14 seems to imply that the conquests by the Machir clans of portions of Gilead took place during the campaign of Sichon and Og. The RambanBemidbar 32:33About R. Moshe b. Nachman  suggests that the Menashe clans  had hesitated to make any requests for settlement.however, once the tribes of Reuven and Gad took that bold step, the clans of Machir  followed suit.

Textual Points –

• ומקנה רב היה לבני ראובן ולבני גד מאוד ויראו את ארץ יעזר...והנה המקום מקום מקנה ומקנה רב לבני ראובן ולבני גד..ויבאו בני גד ובני ראובן - The Or HaChayyimBemidbar 32:1About R. Chayyim b. Atar  understands that  this introductory verse with  its focus on the word "מקנה" , presents the facts and the context, in a very matter of fact way, and not meant as a value judgement . The Tribes’ accumulated wealth, was a function of the military prowess of Reuven and especially Gad, whose reputation –accounts for his name listed first, in most of the chapter.
• עטרות ודיבון ויעזר ונמרה וחשבון ואלעלה ושבם ונבו ובען - Convention would have dictated first to give the general context before listing the names of cities.  Samet⁵⁰ points out that the verse’s  strange  sequence and the listing of all the cities, brings to focus  the  potential danger of many uninhabited cities on the border of Canaan⁵¹.  
• הארץ אשר הכה-The AbarbaneBemidbar 32Bemidbar 32About R. Yitzchak Abarbanell and Or HaChayyimBemidbar 32:3About R. Chayyim b. Atar claim that by referring to G-d’s help in the conquest of the lands of Sichon and Og, R&G are claiming that  these lands of Eiver Hayarden  have a special status- that they are looked upon favorably by G-d and are extension of the Promised Land.
•  ויאמרו אל משה...ויאמרו אם מצאנו חן-The repetition of the word  " ויאמרו"while in the middle of an uninterrupted conversation that began  in verse 2, is a textual phenomenon that might  indicate a break in the continuity of the conversation that will have an impact on the 2nd half of theconversation. AbarbanelBemidbar 32About R. Yitzchak Abarbanel suggests that  Moshe’s lack of a response- his “deafening silence”-(symbolized by the פרשה סתומה) is the break that will cause the Tribes to present their request in a straightforward way, יתן את הארץ הזאת לעבדיך לאחזה אל תעברנו את הירדן⁵² . 
• ויגשו אליו- The AbarbanelBemidbar 32About R. Yitzchak Abarbanel describes how they came closer to Moshe, as if to whisper in his ear, "במחילות כבודו”, as if to say, “pardon me, sir, but we have a misunderstanding  let’s clarify “ – as does Yehuda to Paro⁵³. 
• כי באה נחלתנו אלינו  - The RambanBemidbar 32:19About R. Moshe b. Nachman implies that this is  manner of speaking and  not meant to be haughty.
•  גדרות צאן נבנה למקננו פה וערים לטפנו....טפנו נשינו מקננוו וכל בהמתנו יהיו שם-The difference in the  order  of activities need not be a reflection of the  Tribes’ misplaced priorities,  but rather  they represent different settlement strategies- According to the Kli Yakar⁵⁴, to first build fences for the animals on the frontier, as a buffer ,while according to the AbarbanelBemidbar 32About R. Yitzchak Abarbanel, to first secure the families.
• לבני גד ולבני ראובן ולחצי שבט מנשה בן יוסף-Not being the sons of Yaakov, their tribal affiliation goes back to Yosef.

Addendum – Fourteen years later, the mission of the Two and half Tribes’ expeditionary force is successfully fulfilled as we read in Yehoshua 22. The relief and sense of accomplishment,  now, that the Land has been conquered and partitioned, finds expression in the text’s almost poetic use of the adverb ,אז יקרא יהושע לראובן, גד וחצי שבט מנשה.  . Ironically, the rest of their story also (approach II) leads to a misunderstanding because their intentions are not made clear, and are misperceived!  In Yehoshua 22, we are told that after fulfilling  their mission, the two and half Tribes are returning home, and pause at the crossing of the Jordan where we are told, "ויבנו בני ראובן ובני גד וחצי שבט המנשה שם מזבח על הירדן מזבח גדול למראה",- “they built a great alter to look upon”. This caused great consternation among the Bnei Yisrael, who accuse them of מעל, treachery, for bringing  unauthorized offerings . The serious confrontation is resolved only after the Two and half Tribes, clarify their intention that the alter was not meant for offerings but rather, only for a monument to show future generations their role in the Conquest of the Land.  Among the booty given to the Two and half Tribes as their share for their part in the Conquest was ובמקנה  רב מאוד  . This, of course, coincides with their chief economic activity, as we were told in Bamidbar 32. While the accusation of מעל turns out to be mistaken here, we read in Divrei Hayamim, that מעל was the serious cause of their being deported by  Assyria.

¹ Bamidbar 32:6

² Bamidbar 16:1-35

³ This tendency on the Tribe of Reuven to separate themselves from the rest of Bnei Yisrael, appears again in the Song of Devora (Shoftim 3:15-16), where she criticizes them for not participating in the national effort. Bereshit Rabbah84:20About Bereshit Rabbah incorporates earlier family relationships to illustrate some of the inter- tribal dynamics. He remarks that since Reuven lost his Bechor status to Yosef, and kingship to Yehuda-now, as a tribe, they preferred not to settle with them for it was embarrassing that their younger brothers should rule over him, and so they joined the tribe of Gad in Eiver Hayarden. Gad was the son of Zilpa, the maid of Leah, and so Reuven, the son of Leah, would feel perhaps, less threatened living with them.

⁴ Tehilim 106:24

⁵ Bereshit 15:18

⁶ Devarim 27:2, NJPS trans.

⁷ Elitzur, Y. and Kil, Y., in Atlas Daat Mikra, Mosad HaRav Kook,Jerusalem, 1993, pp.50-55

⁸ Moshkowitz,Sefer Bamidbar with Daat Mikra, Mosad Harav Kook, Jerusalem, on 32:1, claims that in addition to their portions of spoils of war, R&G had acquired an expertise in raising livestock and offered to buy the livestock from those tribes who were less successful.

⁹ The Ramban on  Bamidbar32:2, comments on the military prowess of the tribe of Gad.  This is reflected in Moshe's blessing to them,  ולגד אמר ברוך מרחיב גד כלביא שכן וטרף זרוע אף קדקד (Devarim 33:20), and in Divrei Hayamim I 5:18, בני ראובן וגדי וחצי שבט מנשה מן בני חיל אנשים נשאי  מגן וחרב ודרכי קשת ולמודי מלחמה. The Tribes' promise to commit an expeditionary force,that is, to be away from their families and engage in warfare for an unlimited period, may seem somewhat reckless.This might explain why Moshe does not include it as one of the conditions of the agreement, rather it is R&G's private commitment .The fact that Moshe assigns three ערי מקלט to the Eiver Hayarden, equal in number to the amount assigned to the entire west side, seems to indicate, according to Rashi on Bamidbar 35:14, a kind of contentiousness to the tribes in Eiver Hayarden. Given all these direct and indirect references to the Tribes' military prowess, it is difficult to understand Josephus 4 7:3About Josephus Antiquities of the Jews and the Ramban's  (32:21)   claim that Moshe suspected R&G of faint-heartedness.

¹⁰ Bamidbar 32:17

¹¹ Spero, S. Who Authorized Israelite Settlement East of the Jordan?.JQR, vol 35, No.1, 2007, pp. 14-15; 

¹² Bamidbar 16, 17

¹³ Bamidbar 14:40-45

¹⁴ Bamidbar 32:31

¹⁵ Devarim 3:18

¹⁶ Yehoshua 1:12-18, 22:9

¹⁷ Samet,pp. 7-11.

¹⁸ Kiddushin 3:4, B. Kiddushin  61;On the four components of תנאי כפול see, Rambam, Mishne Tora, Sefer Nashim, Hilchot Ishut, chapter 6, halacha 1

¹⁹ Bavli Kiddushin 61

²⁰

On 32:30,the  Targum Shiviim expands the text ,  ואם לא יעברו חלוצים אתכםלמלחמה לפני ה'  
והעברתם את טפם ואת נשיהם ואת מקניהם לפניכם לארץ כנען ונאחזו בתככם בארץ כנען, implying,    

²¹ Bamidbar 32:22

²² Although the Ramban (32:41) does entertain the idea, that Machir might have still been alive.

²³ Divrei Hayamim I  2:21-23; 7:14-27

²⁴ Moshkovitz,( Daat Mikra Bamidbar,  note 32ג, page שצ), notes  the commentary on Chronicles, attributed to a student of Saadia Gaon, ( published by Rephael Kirchheim, Frankfurt on Mein, תרלד, page 12) and the  Perushei  HaTora of Yehuda HaChasid, (published by רי"ש לנגה , Jerusalem, תשלה).

²⁵ Bamidbar 32:1,2

²⁶ Samet, pp. 5-6

²⁷ Bamidbar 32:4

²⁸ Bamidbar 32:25, 

²⁹ '397רוזנסון, ישראל, עיונים בפרשניים בספר במדבר,תשסד, מכללת אפרתה ע

³⁰ Samet, p. 5.

³¹ Bamidbar 32:5

³² 32:7,8,9,13,15

³³ Samet, pp. 7-9.

³⁴ Samet, pg 7-9

³⁵  Bamidbar 13:18,26,32,33

³⁶ similar use of the term  can be found Bereshit 24:41, Yehoshua 2:17,20

³⁷ See footnote 23

³⁸ Bamidbar 32:5 JPS

³⁹ Bamidbar 32:31

⁴⁰ Rashi suggests that Moshe begins his final speech to Bnei Yisrael only after the victory over Sichon and Og, "שיכנס לקצת הארץ", that its, "by entering into a least a part of the Land", Moshe shows that he has the potential to fulfill his mission and bring the people in the Land and therefore, the right to reprove them before they cross the Jordan.  In addition, a military victory for Israel against the kingdoms of Sichon and  Og will still fear in the Nations, who saw how, up until  now, the Bnei Yisrael avoided combat and steered clear of the kingdoms of Adom, Moav and Amon.   

⁴¹ Devarim 3:8

⁴² Although Eiver Hayarden does not fall into the definition of Canaan and its lands were actually forbidden to conquer because of family ties with Amon and Moav, once those lands  were conquered by Sichon and Og , their status changes and become permissible for settlement , and so we read that after the conquest, " ויקח ישראל את כל הערים האלהו וישב ישראל בכל ערי האמרי" (Bamidbar 21:25) .  This explains the words of Rav Papa, עמון ומואב טהרו בסיחון (Gittin 38:1). By virtue of their being conquered, these lands, according to some authorities are obligatory מדרבנן in most  מצוות התלויות בארץ, except ,for example, Bikurim,( because according to Reb Shimon,ופרט לעבר הירדן שנטלתו בעצמך). Not to mention the significance of sites in Eiver Hayarden where the Avot recieved Divine revelations, such as Penuel (Bereshit 32:29-31), Machanayim (32:2-3), and Sukkot (33:17). On the Other hand, the lands of Eiver Hayarden are referred to as ארץ טומאה (Yehoshua 22:18). The Sifri (Devarim 25:2) and Bamidbar Rabba 7:8, rank the lands of Eiver Hayarden as not worthy of the presence of the Shechina, although by virtue of their being conquered enjoy a special status. According to the Malbim on Bamidbar 32:2 and Devarim 2:4, Eiver Hayarden was meant to be part of the original Promised Land, but was "detached" as a result of the Sin of the Spies. Following the Sifri,the Netziv on Bamidbar 32:2, understands that Eiver Hayarden was meant to  eventually, be  part of the Land, but only after the conquest of Canaan.

⁴³ Samet pp 5-6

⁴⁴ Malbim Bamidbar 32:19

⁴⁵ Devarim 31:2

⁴⁶ Devarim 31:2

⁴⁷ Bamidbar 20:12

⁴⁸ see footnote #22

⁴⁹ Spero, pg 13

⁵⁰ Samet, page 6.

⁵¹ Alsheich 32:1 suggests that their mention of the city of נבו as part of their request-the site of Moshe's death-was deliberate to hint that it would not be proper for this site to remain outside the inheritance-it even gets mention in Moshe's blessing to Gad ...וירא ראשית לו כי שם חלקת ספון  (Devarim 33:21)

⁵² Bamidbar 32:5

⁵³ Bereshit 32:18

⁵⁴ Bamidbar 32:1