Petition of the Two and a Half Tribes/2

Petition of the Two and a Half Tribes

Exegetical Approaches

This topic is dedicated to the memory of father and daughter,
David Yaakov HaLevi Applebaum and Naava Applebaum, הי"ד,
who were murdered by terrorists on the eve of Naava's wedding in Jerusalem, י"ג אלול תשס"ג.

Overview

Moshe's response to the request of Reuven and Gad to settle the eastern bank of the Jordan has been read in opposing ways by different commentators.  Akeidat Yitzchak justifies Moshe's angry reaction, pointing out that the tribes' petition was problematic both on the interpersonal level (as the tribes did not initially intend to join their brethren in the Conquest), and in relation to Hashem (as they rejected His Promise Land.)

Abarbanel, in contrast, maintains that Moshe misunderstood the tribes' request and wrongly assumed that they did not want to participate in the Canaanite campaign when they had meant to all along.  A third approach puts forth a middle position which attempts to justify both the tribes and Moshe.  Malbim claims that though the tribes had not planned to battle in Canaan, this was only because they felt that they would be superfluous since Hashem was to fight for the nation.  Moshe corrects their misconception and they immediately agree to join.

Moshe Judges Correctly

Moshe correctly inferred that Reuven and Gad did not intend to join the campaign against Canaan and viewed this as sinful, justifying his outburst.

Sources: RashiBemidbar 26:54Bemidbar 32:7Bemidbar 32:16Bemidbar 32:17Bemidbar 32:19Bemidbar 32:24Bemidbar 33:54Devarim 1:4About R. Shelomo Yitzchaki, RalbagBemidbar 32:1-24Bemidbar 32 Toalot 10 -11About R. Levi b. Gershom, Akeidat Yitzchak85About R. Yitzchak Arama,¹ R. Avraham SabaTzeror HaMor Bemidbar 32About R. Avraham Saba (Tzeror HaMor),  NetzivBemidbar 32:1Bemidbar 32:6Bemidbar 32:13Bemidbar 32:16-23Devarim 3:12Devarim 3:16About R. Naftali Tzvi Yehuda Berlin

"אַל תַּעֲבִרֵנוּ אֶת הַיַּרְדֵּן" – According to this approach, these words betray the tribes' desire not to join in the Conquest.²

What is wrong with the request? These sources maintain that the request was problematic both on the interpersonal level, and in relation to Hashem.

• Unfair burden – Netziv present Moshe as emphasizing the injustice of Reuven and Gad's request vis-a-vis the other tribes.³  Given that 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.⁴
• Demoralizing the tribes – Reuven and Gad's decision not to join the campaign would further have a damaging psychological effect on the rest of the nation who would naturally conclude that their non-participation stemmed from fear and lack of trust in Hashem. This would, in turn, weaken the nation's own morale.  Moshe justifiably saw in their words a potential repetition of the episode of the spies whose fear had been contagious.⁵
• Rejection of the Land/God – R. Avraham Saba and Akeidat Yitzchak further suggest that the tribes' request betrayed a rejection of and disdain for the Promised Land.⁶  Like the spies before them, these tribes sinned in that  "וַיִּמְאֲסוּ בְּאֶרֶץ חֶמְדָּה".‎⁷  Netziv adds that the petition also suggests that they had no desire for God's providence which was strongest in Israel proper.
• Separating from the Nation – Bemidbar Rabbah 22:6About Bemidbar Rabbahand Tzeror HaMor⁸ point to one final issue, that Reuven and Gad's request would serve to sever them from the rest of the tribes,⁹ causing a split in the nation.¹⁰

Status of the eastern bank of the Jordan

• Tzeror HaMor refers to the eastern bank of the Jordan as "impure" and does not view it as part of the land promised by Hashem to the forefathers. According to him the tribes were asking to live "בחוץ לארץ", which lacked the holiness of Israel.¹¹ 
• According to the Netziv, in contrast, though the eastern bank had less holiness than the west, if the people living therein accepted Hashem's providence it too is considered an "אֲחֻזָּה לִפְנֵי י"י".‎¹²

The root of the problem: materialism – Rashi, Akeidat Yitzchak and R. Saba, following Bemidbar Rabbah, interpret the emphasis by the text on the abundance of cattle owned by Reuven and Gad¹³ as evidence of their materialism.  They wrongly placed greater value on their wealth than on the spiritual importance of living in the sanctity of Eretz Yisrael.¹⁴

An indirect request – There are several hints in the text that tribes might have, on their own, sensed that their petition was problematic, leading to a certain hesitation in their presentation:

• "עֲטָרוֹת וְדִיבֹן וְיַעְזֵר" – The unconventional manner through which Reuven and Gad present their petition, listing the names of the cities without first providing the general context of their request, suggests that the tribes were "beating around the bush", and only indirectly hinting to what they wished.¹⁵
• "וַיֹּאמְרוּ... וַיֹּאמְרוּ" – The phenomenon of the "double ויאמר" of verse 5,¹⁶ might further suggest that the tribes had paused, hoping for Moshe to respond without the need for them to make their request explicit. When no reaction was forthcoming they were left with no choice but to state their request outright.

"הָאָרֶץ אֲשֶׁר הִכָּה י"י" – Akeidat Yitzchak points out that throughout the negotiations, the two tribes never mention Hashem except once, when they refer to the land that they desire as "הָאָרֶץ אֲשֶׁר הִכָּה י"י לִפְנֵי עֲדַת יִשְׂרָאֵל".  He reads this as their attempt to neutralize any accusations that it is unfair of them to take land that all the tribes risked their lives to attain. Reuven and Gad point out that since it was really Hashem who conquered the land, there is no ethical problem in their request.

"וַיִּגְּשׁוּ אֵלָיו" – According to Akeidat Yitzchak, this phrase suggests that after hearing Moshe's rebuke the tribes took a step backwards to consult among themselves.  After rethinking their petition, they re-approached Moshe with a revised proposal.

The revised proposition

• "וַאֲנַחְנוּ נֵחָלֵץ חֻשִׁים" – According to these sources, these words were meant to address and allay Moshe's concerns.  The tribes conceded the need to fight with the nation, and even committed to going first, thus alleviating any idea that they were motivated by fear.
• "גִּדְרֹת צֹאן נִבְנֶה לְמִקְנֵנוּ פֹּה וְעָרִים לְטַפֵּנוּ" – Netziv adds that this point, too, is meant to assuage Moshe's worry that they do not trust in Hashem or His providence. The tribes point out that they are willing to leave their children behind because they have faith that Hashem will protect them.
• "לֹא נָשׁוּב אֶל בָּתֵּינוּ עַד הִתְנַחֵל בְּנֵי יִשְׂרָאֵל" – Rashi and the Netziv explain that the tribes even offer to wait until after the distribution of the lands, so that no one can accuse of them of being able to work their property before others have inherited.

Why does Moshe agree?

• According to Rashi, Ralbag and the Netziv, since the tribes' revised proposal addressed all of Moshe's concerns, he acquiesced to the request.
• However, according to R. Saba and Akeidat Yitzchak, who maintain that the request was also a rejection of the land, the tribes' agreement to fight with their brothers should not have sufficed. R. Saba suggests that Moshe only begrudgingly allowed this, since "בדרך שאדם רוצה לילך בה מוליכין אותו".‎¹⁷  R"S Spero¹⁸ alternatively suggests that while strict authoritarianism would require that Moshe stick to the original Divine plan, Moshe had to weigh the possibility of popular rebellion if he refused the request.¹⁹

Did Moshe consult with Hashem? From Reuven and Gad's words אֲשֶׁר דִּבֶּר י"י אֶל עֲבָדֶיךָ כֵּן נַעֲשֶׂה"‏", it would appear that Moshe did receive Divine sanction for the agreement.²⁰

Moshe's rephrasing of the request – According to the Akeidat Yitzchak and the Netziv, Moshe rephrases the request because despite the tribes' modified proposal, there were still several lessons that they needed to be taught:

• "לִפְנֵי י"י" – Akeidat Yitzchak asserts that Moshe's repeated emphasis on Hashem is a reaction to Reuven and Gad's rare mention of Him.²¹ They appear to rely on themselves,²² forgetting Hashem's role in the Conquest.  Therefore, in response to their declaration, "נֵחָלֵץ חֻשִׁים לִפְנֵי בְּנֵי יִשְׂרָאֵל", Moshe corrects them, "אִם תֵּחָלְצוּ לִפְנֵי י"י"  reminding them that "וְנִכְבְּשָׁה הָאָרֶץ לִפְנֵי י"י" – the land will be conquered by Hashem, not the nation.‎²³
• "עָרִים לְטַפְּכֶם" – Akeidat Yitzchak also notes that while the tribes mention building fortifications for their cities, Moshe omits this, again reminding them that it is Hashem, not their fortifications, which will keep their families safe.²⁴
• "לְטַפְּכֶם... לְצֹנַאֲכֶם" – Bemidbar Rabbah22:8About Bemidbar Rabbah notes that while the tribes spoke first of their cattle and only afterwards of caring for their families, Moshe reverses the order teaching them how they should have prioritized.

Integrating the lessons – Reuven and Gad accept Moshe's subtle criticism and integrate what he says into their final response.  Thus, they speak of their families before their possessions and no longer mention fortifications, saying simply, "טַפֵּנוּ נָשֵׁינוּ מִקְנֵנוּ וְכׇל בְּהֶמְתֵּנוּ יִהְיוּ שָׁם," and learn to invoke Hashem's name, recognizing His role in war: "וַעֲבָדֶיךָ יַעַבְרוּ כׇּל חֲלוּץ צָבָא לִפְנֵי י"י לַמִּלְחָמָה."

Final repetition of the conditions – In verses 29-30 Moshe repeats for the last time the conditions laid forth between the two sides.  Ralbag lauds him for the care he takes to ensure the legality of the agreement, spelling out the terms of the condition to ensure that no deceit will ensue.²⁵

Sudden appearance of Menashe – This approach can read Menashe's joining Reuven and Gad in several ways:

• Spiritual support – The Netziv and Tzeror HaMor assert that it was Moshe who initiated and requested that people from the tribe of Menashe settle with the tribes of Reuven and Gad.  Concerned about the spiritual paucity of the two tribes, and the lower level of Torah inspiration on the eastern bank of the Jordan, Moshe hoped that the presence of the tribe of Menashe, who were Torah scholars,²⁶ would spiritually fortify the inhabitants.
• Ensure connection – It may also be that Moshe was trying to prevent the potential alienation of the tribes of Reuven and Gad.²⁷ By splitting Menashe and having one half settle on each of the two banks of the Jordan, he hoped to ensure that family and tribal ties would connect the two communities.²⁸
• Menashe's initiative – Tzeror HaMor also raises the possibility that the clans from Menashe had been part of the negotiations from the beginning, but were not mentioned due to their small numbers. He explains that otherwise Moshe would never have forced a tribe to settle outside of Israel.

Moshe as leader – According to this position, Moshe demonstrated seasoned leadership and good judgment in the story.  His critical, yet calculated response managed to avert a potential crisis, convincing the tribes to modify their request.  Moshe managed to educate the people without provoking further anger and even ensured for smooth implementation of the agreement under Yehoshua.

The 2 1/2 tribes in the time of Yehoshua – The tribes' actions under Yehoshua's leadership prove that they learned their lessons and were faithful to their word.

• They keep their promise to Moshe to fight in front of their brothers, leading Yehoshua to laud them in Chapter 22, "לֹא עֲזַבְתֶּם אֶת אֲחֵיכֶם זֶה יָמִים רַבִּים...  וּשְׁמַרְתֶּם אֶת מִשְׁמֶרֶת מִצְוַת י"י אֱלֹהֵיכֶם".
• When the two and a half tribes are accused of building an altar on the Jordan and thereby betraying God, they explain that their intentions were only that it testify to the fact that they are all one nation with one faith. Here, they on their own, try to prevent the divisiveness feared by Moshe.²⁹

Moshe Misjudges

Moshe misunderstood the request of Reuven and Gad and assumed that they did not want to participate in the conquest, when in reality the tribes had always intended to battle with the rest of the nation.

Sources: perhaps PhiloOn the Life of Moses I : 319-330About Philo,³⁰ perhaps Josephus4: 7:3About Josephus Antiquities of the Jews,³¹ R. Yosef Bekhor ShorBemidbar 32:14About R. Yosef Bekhor Shor, RambanBemidbar 21:21Bemidbar 32:1Bemidbar 32:19Bemidbar 32:33Bemidbar 32:41About R. Moshe b. Nachman, AbarbanelBemidbar 32About R. Yitzchak Abarbanel

"אַל תַּעֲבִרֵנוּ אֶת הַיַּרְדֵּן" – In this statement the two tribes had meant only that they did not want to settle and inherit on the other side of the Jordan,³² not that they were unwilling to cross and take part in the military campaign.³³

Other potentially problematic aspects of the request:

• "וּמִקְנֶה רב"– According to this approach, the introductory verse of the chapter with its focus on the word "מקנה",‎³⁴ might simply be Tanakh's confirmation of the truth of tribes' claim and not meant as a negative value judgement of their materialism.³⁵  Similarly the tribes' own repeated mention of their cattle might simply reflect the reality of their situation³⁶ which prompted their request.
• Enumeration of cities – The strange opening of the tribes' request³⁷ need not be read as evidence that the tribes were purposely indirect, knowing that they were to make a problematic request.  Rather, they might have been attempting to highlight the potential danger of having many uninhabited cities on the border of Canaan. If these were to remain unoccupied, they would have soon been inhabited by enemy populations on Canaan’s doorstep.³⁸ Thus, the tribes might be implying that by settling these lands and cities, they would serve as a ring of defense for the Israelites.

Why was Moshe upset? These sources claim that Moshe misunderstood the tribes' words and thought that their request stemmed from fear of fighting the Canaanites.  Moshe worried that their lack of trust in Hashem would sway the rest of the nation and lead Hashem to punish the people as He had done after the sin of the Spies.  Philo also has Moshe emphasize the tribes' error in the interpersonal realm, pointing to the injustice in their desire to inherit first, that they would sit in peace while others went to war.

Status of the eastern bank of the Jordan? Since Moshe makes no explicit reference to the tribes' preference for the eastern bank, speaking only about their unwillingness to go to battle, it would seem that he did not view their request as a problematic rejection of the Promised Land.  It is possible that Moshe saw the miraculous victory over the Lands of Sichon and Og as the beginning of the Conquest,³⁹ and considered these lands to be part of Israel's inheritance.⁴⁰

"הָאָרֶץ אֲשֶׁר הִכָּה י"י" – Abarbanel notes that Reuven and Gad intentionally refer to the land as "הָאָרֶץ אֲשֶׁר הִכָּה י"י", emphasizing Hashem's role in the conquest to highlight how Hashem must therefore view the lands as an extension of the Promised Land and mean for them to be settled.

What led to Moshe's misunderstanding? It is possible that Moshe, haunted by memories of the traumatic episode of the Spies and the damaging effects of their words on the morale of the nation, read their mistakes back into the request of the two tribes.⁴¹

"וַיִּגְּשׁוּ אֵלָיו" – Abarbanel explains that Reuven and Gad came closer to Moshe, so as not to embarrass their leader when they explained to him his error.⁴²

The proposition: "וַאֲנַחְנוּ נֵחָלֵץ חֻשִׁים" – The tribes' words, "וַאֲנַחְנוּ נֵחָלֵץ חֻשִׁים", are not a revised proposal stemming from a desire to appease Moshe's anger but a clarification of their original intent.  They point out that they are not fearful of battle,⁴³ as Moshe believed, and are in fact even willing to risk their lives on the front lines.⁴⁴

Order of points in the proposal – The tribes speak first of settling their cattle and families, and only afterwards of fighting in the front lines.  According to Josephus and R"Y Bekhor Shor, this order does not stem from insolent insistence that they get their way.  Rather, the tribes explain that it is specifically because they will not be encumbered by children and cattle that they will be able to fight more expeditiously and act as the scouting force which runs ahead of the army.

"עַד הִתְנַחֵל בְּנֵי יִשְׂרָאֵל אִישׁ נַחֲלָתוֹ" – Abarbanel suggests that the two tribes' request even had an added benefit for the rest of the nation. By not taking their inheritance in Canaan, this enabled all the other tribes to each receive a larger portion. Economic prosperity for the two Tribes would also be an asset for the rest of Benei Yisrael.⁴⁵

"כִּי בָאָה נַחֲלָתֵנוּ אֵלֵינוּ" – Ramban claims that in these words, the two tribes had not meant to be haughty or combative.  They were not implying that the land was already theirs, but simply requesting that it would be.

"גִּדְרֹת צֹאן נִבְנֶה לְמִקְנֵנוּ.., וְעָרִים לְטַפֵּנוּ" – Misplaced priorities? This position could say, as does the Keli YekarBemidbar 32:1About R. Shelomo Ephraim Luntschitz, that Reuven and Gad mention building pens for their cattle before homes for their families, not out of misplaced priorities, but due to strategic concerns. They hope to settle their animals first, close to the border, so as to serve as a buffer between their families and enemies.⁴⁶

Moshe's rephrasing of the proposal – According to this position, Moshe's repetition and subtle rephrasing of the the proposal is not significant.  Moshe was simply confirming what had been said in his own words, in the manner of many negotiators.

The sudden appearance of Menashe

• Ramban and Abarbanel posit that Menashe had not been part of the original negotiations. However, after agreeing to Reuven and Gad's request, Moshe realized that the land was too vast for just two tribes and offered a portion to anyone who wished to join.⁴⁷ 
• A commentary on Chronicles attributed to a student of Saadia Gaon, in contrast, claims that the sons of Menashe had actually conquered the territories mentioned in verses 39-42 much earlier, while their grandfather, Yosef, was still a vizier in Egypt. If so, it is possible that now that it was clear that Moshe was not against settling the lands, they, too, put in a request and Moshe honored their claims and right to settle as well.⁴⁸

Moshe as leader – Moshe’s hasty, over-reaction to the request of Reuven and Gad can perhaps be seen as an indication of the infirmities of age. In spite of unusual strength of body and spirit, Moshe may have been undergoing “burnout” and déjà vu.⁴⁹ He was unable to see that the new generation was not identical to the old, and that they had moved beyond the mistakes of their ancestors. It could be that Moshe was 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.

Other examples of Moshe's imperfection – For another examples where Moshe might exhibit less than perfect leadership skills or a disconnect to his people, see Did Moshe Need Yitro's Advice?⁵⁰ and Moshe's Misstep and Mei Merivah.  See also Dialogue with the Divine During Korach's Rebellion for another example where Moshe might have misunderstood another's intentions.

Repeat: The altar on the Jordan – It is interesting that after the conquest, in the time of Yehoshua, there is a similar misunderstanding between the 2 1/2 tribes and the rest of the nation.  When they build an altar on the Jordan (Yehoshua 22) it is misperceived as a sign of rebellion and compared to idolatrous worship.  There, too, they must explain that their intentions were pure.

Moshe Corrects Mistake

Reuven and Gad had not intended to join in the Conquest, but only because they assumed that since Hashem was to fight for the nation, they were not needed.  Moshe corrects their mistake, explaining that Hashem's role did not obviate the need for human effort.

Sources: perhaps Or HaChayyimBemidbar 32:1Bemidbar 32:3About R. Chayyim b. Atar and MalbimBemidbar 32:2Bemidbar 32:6-7Bemidbar 32:14,16Bemidbar 32:19About R. Meir Leibush Weiser,

"אַל תַּעֲבִרֵנוּ אֶת הַיַּרְדֵּן" – Malbim explains that the tribes were making two distinct requests, both that they be able to settle in the lands conquered from Moav ("יֻתַּן אֶת הָאָרֶץ הַזֹּאת לַעֲבָדֶיךָ לַאֲחֻזָּה") and that they not cross the Jordan to join in the conquest ("אַל תַּעֲבִרֵנוּ אֶת הַיַּרְדֵּן").

"הָאָרֶץ אֲשֶׁר הִכָּה י"י" – In these words the tribes express why their request should not be viewed as problematic:

• Reuven and Gad hint that that just as the conquest of the eastern bank of the Jordan was not accomplished naturally, but through Hashem's miraculous aid, so too the rest of the Conquest will not be contingent on human effort but only Hashem.  As such, there is no reason for them to join in the campaign, nor should they be accused of cowardice.
• In addition, the very fact that Hashem conquered the land should be proof that it was meant to be settled by the nation, and that it too has holy status.⁵¹  No one, then, can accuse them of rejecting the Promised Land.

"וּמִקְנֶה רַב" – Or HaChayyim explains that the chapter opens with these words to confirm the veracity of the tribes' later statement that "וְלַעֲבָדֶיךָ מִקְנֶה".  In addition, he explains that the tribes' emphasis on the point stems not from materialism but simply from a desire to justify why they feel more entitled to the land than others.⁵²

Enumeration of cities – According to Or HaChayyim, the tribes mention the cities by name, since it was these specific sites which Hashem ordered to be conquered and which therefore were equal in sanctity to the rest of Israel.  Other cities which might later be conquered in the region would not have the same status.

The Double ויאמר – Or HaChayyim explains that the two openings serve to separate the tribes' remarks into two sections.  Verses 3-4 comprise the introduction to their request, where Reuven and Gad hoped to rebut any potential arguments, whereas verse 5 opened the actual request.

Moshe's reaction

• "הַאַחֵיכֶם יָבֹאוּ לַמִּלְחָמָה וְאַתֶּם תֵּשְׁבוּ פֹה" – Moshe explains to the tribes that Hashem's aid in battle does not exclude the need for human effort, and that everyone, nonetheless, has to participate.⁵³ 
• "וְלָמָּה תְנִיאוּן אֶת לֵב בְּנֵי יִשְׂרָאֵל" – Moshe points out that even if the tribes do not  fear battle, knowing that Hashem will aid them, they should have realized that their request will nonetheless be interpreted by the people as a sign of cowardice and might dissuade others from wanting to enter the Land.
• "הָאָרֶץ אֲשֶׁר נָתַן לָהֶם י"י" – According to Or HaChayyim, Moshe further emphasizes that despite their arguments, the two banks of the Jordan are still not equal in status, as only the land of Canaan was really "given" to Avraham.

"הִנֵּה קַמְתֶּם תַּחַת אֲבֹתֵיכֶם תַּרְבּוּת אֲנָשִׁים חַטָּאִים" – This formulation is somewhat difficult for this position. If Moshe was simply correcting an error in judgement, such language is overly harsh and disproportionate to the misdeed.

A revised proposal – After Moshe points out the error in their thinking, the tribes acquiesce to join their brothers in battle, but do not change their desire to settle on the eastern bank. 

• According to Malbim, it seems as if Moshe agreed with their evaluation of the status of the eastern bank of the Jordan, and therefore that was not a concern that needed to be addressed.
• According to Or HaChayyim, however, it is surprising that the tribes do not respond to Moshe's claim that the land is actually not equal in holiness to that on the western bank.  It is possible that since Moshe agreed that it nonetheless held a certain degree of holiness, they felt that this sufficed.

Moshe as leader – This approach views Moshe as an astute leader who understood both the tribes' request and the erroneous assumptions that lay behind it.  He managed to explain to the tribes their mistakes in a manner which prevented further controversy and led to the tribes, on their own, correcting themselves.

How did the conquest work? This position raises interesting questions regarding the nature of the Conquest.  How miraculous was it?  Besides the fiasco at Ai, which is attributed to the nation's sin, were there any casualties?  Finally, did the nation expect miraculous intervention (as assumed by this position), or had they thought that it would be a natural campaign?⁵⁴

¹ See also R" Samet, "דברי משה לבני גד ולבני ראובן" who does an extensive analysis of the opposing positions of R. Yitzchak Arama and Abarbanel, concluding that R. Arama's approach is the more convincing.

² See MalbimBemidbar 32:2About R. Meir Leibush Weiser below who explains that the two halves of the verse represent distinct requests. First Reuven and Gad ask to settle on the eastern side of the Jordan (יֻתַּן אֶת הָאָרֶץ הַזֹּאת לַעֲבָדֶיךָ לַאֲחֻזָּה) and then they add a second request, that they not participate in the Conquest (אַל תַּעֲבִרֵנוּ אֶת הַיַּרְדֵּן).

³ This is what emerges from Moshe's opening question, "הַאַחֵיכֶם יָבֹאוּ לַמִּלְחָמָה וְאַתֶּם תֵּשְׁבוּ פֹה"?

⁴ When the other tribes would see their brothers already settled safe and sound while they yet faced long and dangerous struggles, they would be further filled with jealousy, leading to divisiveness amongst the nation.

⁵ R"E Samet points out that Moshe intentionally uses the same language ("וְלָמָּה [תְנִיאוּן] (תנואון) אֶת לֵב בְּנֵי יִשְׂרָאֵל") when speaking of Reuven and Gad's actions as when describing the sin of the spies, ("וַיָּנִיאוּ אֶת לֵב בְּנֵי יִשְׂרָאֵל").  In so doing, he emphasizes how the two sins are identical.

⁶ This could explain why Moshe emphasizes that the land that they reject is "הָאָרֶץ אֲשֶׁר נָתַן לָהֶם י"י" and "הָאֲדָמָה אֲשֶׁר נִשְׁבַּעְתִּי לְאַבְרָהָם לְיִצְחָק וּלְיַעֲקֹב". See Prof. Menachem b. Yashar, "על היאחזות השבטים בעבר הירדן", who suggests that Moshe is not explicit about this issue because he knows that it will have no impression on the materialistic tribes.  Thus, he prefers to focus on their sins in the interpersonal realm.

⁷ See Tehillim 106:24.

⁸ See also Bereshit Rabbah84:20About Bereshit Rabbah which alludes to this idea as well.

⁹ See R"N Helfgot, "Shall Your Brothers Go Into Battle While You Remain Here? an Analysis of Numbers 32" , Tradition 32:2 (1998):119-133. who expands on this idea.  He suggests that as "first-born" sons who lost their unique status, the tribes of Reuven, Gad and Menashe, like Lot and Esav before them, may have been attempting to secede from the covenantal destiny.  Driven both by their feelings of rejection and their abundant cattle, they seek to sever ties and settle in the east.

¹⁰ They compare the tribes to Korach who similarly sowed divisiveness in the nation.  The comparison might stem from the role played there by Datan and Aviram, members of the tribe of Reuven.

¹¹ He apparently assumes that only the Land of Canaan is considered the Promised Land. This might be gleaned from verses which seem to set the Jordan river as a geographic border, as when Hashem tells Moshe: וְהָיָה בַּיּוֹם אֲשֶׁר תַּעַבְרוּ אֶת הַיַּרְדֵּן אֶל הָאָרֶץ אֲשֶׁר י"י אֱלֹהֶיךָ נֹתֵן לָךְ.  For an extensive discussion of the different borders mentioned throughout Tanakh for the Promised Land, see Profs.Y. Elitzur and Y. Kil, Atlas Daat Mikra, (Jerusalem, 1993): 22-23, 50-55.

¹² See similarly Bemidbar Rabbah 7:8 which includes the eastern bank as part of the Land of Israel, but distinguishes its holiness from that of the western bank: "אֶרֶץ יִשְׂרָאֵל מְקֻדֶּשֶׁת מִכָּל הָאֲרָצוֹת, וּמָה הִיא קְדֻשָּׁתָהּ שֶׁמְבִיאִין מִמֶּנָּהּ הָעֹמֶר וְהַבִּכּוּרִים וּשְׁתֵּי הַלֶּחֶם, מַה שֶּׁאֵין כֵּן בְּכָל הָאֲרָצוֹת. אֶרֶץ כְּנַעַן מְקֻדֶּשֶׁת מֵעֵבֶר הַיַּרְדֵּן, אֶרֶץ כְּנַעַן כְּשֵׁרָה לְבֵית שְׁכִינָה וְאֵין עֵבֶר הַיַּרְדֵּן כָּשֵׁר לְבֵית שְׁכִינָה."

¹³ The word "מִקְנֶה" appears four times in the first four verses of the chapter alone.  In addition, the formulation of the opening phrase of the chapter is unique in that it begins with the subject rather than a verb ("וּמִקְנֶה רַב הָיָה לִבְנֵי רְאוּבֵן וְלִבְנֵי גָד" rather than "ויהי מקנה רב..."), further directing the reader’s attention to the two tribes’ accumulated wealth.  R"E Samet (ibid) also points out that the text's choice of the root קנה further focuses the reader on the quality of possession. Moshe, in contrast, prefers to use different language, and speaks instead of the tribes' "צאן".

¹⁴ Bemidbar Rabbah22:6About Bemidbar Rabbah even suggests that these misplaced priorities were the reason that they were first to be exiled.

¹⁵ See Y. Rosenson, עיונים בפרשניים בספר במדבר‎, (Jerusalem, 2004): 397 who makes this point.

¹⁶ Though the text introduces the tribes' speech in verse two with the word "וַיֹּאמְרוּ", verse 5 seemingly needlessly once again opens "וַיֹּאמְרוּ" despite the fact that no one else speaks in the interim. This textual phenomenon might indicate a break in the continuity of the conversation, in this case a pause in which the tribes are expecting a response by Moshe.   Another example of the phenomenon can be found in Bereshit 16 where three verses in a row open, "'ה‎ וַיֹּאמֶר לָהּ מַלְאַךְ".  There, too, one might posit that the angel had been hoping for a response from Hagar; getting none, he was forced to continue talking.  See the article ויאמר... ויאמר, מאיר שילוח, ‫ספר קורנגרין (תשכד) 251-267 ‬  for a full discussion of the topic.

¹⁷ In the path that man wishes to follow, so he is led.

¹⁸ See R"S Spero, "Who Authorized Israelite Settlement East of the Jordan?" (JQR 35:1, 2007): 14-15. See also Sforno on verse 13, who writes "וַיִּתֵּן לָהֶם מֹשֶׁה – כְּדֵי שֶׁלֹּא לְהִכָּנֵס בְּמַחְלֹקֶת הִסְכִּים מֹשֶׁה לְדִבְרֵיהֶם."  From context, however, it seems that Sforno is referring only to the fact that Moshe agreed to the tribes' request that they settle their families on the eastern bank before the conquest rather than afterwards (and not that the fundamental decision to allow them the land was only to prevent controversy.)

¹⁹ Sefer Bemidbar is filled with such rebellions, from the story of the Spies to Korach.  It is possible that at  this stage of Moshe's career, after he has been told that he is not to enter the land, it would have been much more difficult for Moshe to assert his authority than earlier, when the people were more dependent upon him.

²⁰ This is later affirmed by Moshe in Arvot Moav, as he tells the two and a half tribes, "י"י אֱלֹהֵיכֶם נָתַן לָכֶם אֶת הָאָרֶץ הַזֹּאת לְרִשְׁתָּהּ" (Devarim 3:18) and by Yehoshua, who states that the tribes will return to "אֶרֶץ אֲחֻזָּתָם אֲשֶׁר נֹאחֲזוּ בָהּ עַל פִּי י"י בְּיַד מֹשֶׁה" (Yehoshua 22:9)‎.

²¹ The tribes only mention Hashem once throughout their speeches, while Moshe invokes His name 7 times in his response (six of which are in verses 20-23 alone).

²² The Tribes' wealth and military victories over Sichon and Og may have generated a high sense of self confidence leading to a feeling of ‎"‏"כֹּחִי וְעֹצֶם יָדִי and a lack of trust in Hashem. [See RambanBemidbar 32:1About R. Moshe b. Nachman who comments on the military prowess of the tribe of Gad, pointing to Moshe's blessing in Devarim 33:20 (וּלְגָד אָמַר בָּרוּךְ מַרְחִיב גָּד כְּלָבִיא שָׁכֵן וְטָרַף זְרוֹעַ אַף קׇדְקֹד.)  See also Divrei HaYamim I 5:18, "בְּנֵי רְאוּבֵן וְגָדִי וַחֲצִי שֵׁבֶט מְנַשֶּׁה מִן בְּנֵי חַיִל אֲנָשִׁים נֹשְׂאֵי מָגֵן וְחֶרֶב וְדֹרְכֵי קֶשֶׁת וּלְמוּדֵי מִלְחָמָה".] This self confidence might explain their willingness to live alone in territories that were exposed to incursions and that lacked the natural defenses of Canaan.

²³ Similarly, in response to their somewhat arrogant statement, "כִּי בָאָה נַחֲלָתֵנוּ אֵלֵינוּ", Moshe tells them that only after they fight, "וְהָיְתָה הָאָרֶץ הַזֹּאת לָכֶם לַאֲחֻזָּה לִפְנֵי י"י"

²⁴ Contrast this with the Netziv above who read in their original formulation proof that they already trusted in Hashem.

²⁵ Moshe explains the ramifications of either keeping or reneging on the agreement, saying, "If you will do this thing, then... and if you will not do so, then…." This is referred to in the Talmudic literature as תנאי בני גד ובני ראובן, which is the prototype for a condition to have legal standing.  According to Chanina ben Gamliel (Bavli Kiddushin 61a), the double condition is necessary to clarify that the Tribes' will not loose their right to a portion in Canaan in a case that they do not keep their side of the bargain.

²⁶ The Netziv brings evidence of their knowledge from Devorah's song where she speaks of Machir as being, "מְחֹקְקִים", a term which is parallel to "מֹשְׁכִים בְּשֵׁבֶט סֹפֵר" (Shofetim 5:14)

²⁷ This would serve as a response to the concern raised by Bemidbar Rabbah and Tzeror HaMor above that Reuven and Gad were severing themselves from the nation.

²⁸ See Spero (ibid) who makes this point.

²⁹ It should be noted, however, that later in the time of the Shofetim, when Devorah criticizes parts of the nation for not aiding their brothers, both Reuven and Gad are included in those who stayed put in the safety of their lands rather than showing solidarity and joining the battle. (See Shofetim 5:15-17)

³⁰ Philo is not very explicit but he has the tribes respond to Moshe, "We, therefore, as we have agreed before, will remain in our ranks and cross over Jordan in complete armour, giving no soldier any excuse for lagging behind", suggesting that they had always planned to join their brothers in the Conquest.

³¹ Josephus is also not explicit, but seems to suggest that when the tribes hear Moshe's reaction, they explain to him that his reading of their motivations was mistaken.

³² The two halves of the verse do not represent distinct requests, but rather clarify each other.  The tribes ask to settle on the eastern bank (יֻתַּן אֶת הָאָרֶץ הַזֹּאת לַעֲבָדֶיךָ לַאֲחֻזָּה) rather than the left (אַל תַּעֲבִרֵנוּ אֶת הַיַּרְדֵּן).

³³ R"E Samet questions that the choice of language "אַל תַּעֲבִרֵנוּ" implies only that they did not want to physically cross into the Land, not that they were rejecting permanent residence.  If they had only meant to say that they do not want to settle in Canaan, they should have said "אל תנחילנו מעבר לירדן" or the like.

³⁴ The verse opens with an unusual formulation in which the object precedes the subject "וּמִקְנֶה רַב הָיָה לִבְנֵי רְאוּבֵן וְלִבְנֵי גָד".  (A more common formulation would have been: "'ויהי לבני ראובן ולבני גד מקנה"). The exceptional ordering leads the reader to focus on the word מקנה which some have interpreted as an implied criticism of the tribes' materialism. [See Bemidbar Rabbah above.]

³⁵ See Or HaChayyimBemidbar 32:1About R. Chayyim b. Atar below.

³⁶ The tribes’ accumulated wealth might have been a function of the military prowess of Reuven and especially Gad.  Ramban explains that it is this reputation that accounts for the fact that his (and not Reuven's) name is listed first in most of the chapter.

³⁷ Convention would have dictated that the tribes first give the general context of their request before listing the names of cities that were just conquered.

³⁸ See R"E Samet.

³⁹ Note Hashem's words when they embarked on battle, "הָחֵל רָשׁ לָרֶשֶׁת אֶת אַרְצוֹ"‎ (Devarim 2:31-33).

⁴⁰ See  RambanBemidbar 21:21About R. Moshe b. Nachman on Bemidbar 21:21, who states "כי ארץ סיחון ועוג ירושתם של ישראל היתה".  Despite this, Ramban asserts that had it not been for Reuven and Gad's request Moshe would not have settled Sichon's lands, preferring that the entire nation live together, especially as the Western bank had a higher level of holiness. Ramban maintains that the lands were to remain barren, and perhaps assumes that they were meant to be an unsettled, buffer “security zone.”

⁴¹ See R"E Samet who writes, "משה רדוף בזיכרון חטא המרגלים, והוא רואה את צלו גם במעשיהם של בני הדור החדש העומד להיכנס לארץ.."

⁴² They came to to whisper in his ear, as if to say, “pardon me, sir, but we have a misunderstanding, let’s clarify.“  Abarbanel compares this to the similar language used when Yehuda approaches Yosef to plead for Binyamin (וַיִּגַּשׁ אֵלָיו יְהוּדָה), explaining that there too, the approach was meant to enable a private conversation not heard by others.

⁴³ Ramban points out that the tribe of Gad were especially courageous in battle (as Moshe later says of them in Devarim 33:20: כְּלָבִיא שָׁכֵן וְטָרַף זְרוֹעַ אַף קׇדְקֹד) and this is in fact why they did not fear to settle alone on the eastern bank of the Jordan.

⁴⁴ Nonetheless, if this was simply a misunderstanding it is not clear why the tribes would feel the need to offer to lead the nation in battle and put themselves more at risk, rather than simply clarify that they had always intended to fight.

⁴⁵ It is not clear if Abarbanel thinks that the tribes were trying to make this argument, or if Abarbanel himself is simply pointing out this benefit.

⁴⁶ The Keli Yekar has Moshe, nonetheless, rebuke them telling them that their plans betray a lack of faith that Hashem will protect their families.  Moshe, thus, tells them to build cities (and not pens) close to the border to show the rest of the nation how they trust in Hashem's salvation.

⁴⁷ Since this approach assumes that Moshe was not bothered by the concept of settling the eastern side of the Jordan (only of the possibility that the tribes would not join their brothers in the larger Conquest), it is understandable that he might offer the land to others as well.

⁴⁸ Their request is not connected to that of Gad and Reuven.  They are not motivated by a desire for grazing land for an abundance of cattle (which is why no cattle is mentioned by them) but by a desire to reclaim lands previously conquered by them.

⁴⁹ Although the Torah says about Moshe: "בֶּן מֵאָה וְעֶשְׂרִים שָׁנָה בְּמֹתוֹ לֹא כָהֲתָה עֵינוֹ וְלֹא נָס לֵחֹה ", Moshe says of himself, "בֶּן מֵאָה וְעֶשְׂרִים שָׁנָה אָנֹכִי הַיּוֹם לֹא אוּכַל עוֹד לָצֵאת וְלָבוֹא".

⁵⁰ Interestingly, in contrast to his position here, in Parashat Yitro, Abarbanel is loathe to criticize Moshe, writing, "Many have already spoken much about this matter, against the master of prophets, suggesting that he was lacking in civic leadership… And this is a lie, for the perfection of his ways demonstrates his knowledge of them. "

⁵¹ See also Abarbanel above.  Both Or HaChayyim and Malbim have the tribes combat the idea expressed in the Sifre that anything which is conquered before Canaan is of a different status, by pointing out that this land is exceptional since Hashem Himself conquered it.

⁵² Since they recognized that fundamentally all the tribes should have an equal right to Hashem's conquests they explain that surely Hashem would want to divide the land according to what is most appropriate for each tribe.  Since they had cattle this grazing land was most suitable them.

⁵³ Or HaChayyim points out that Moshe uses he language of "יָבֹאוּ לַמִּלְחָמָה" rather than "ילחמו" because even if they do not need to fight, they still need to "come to war".

⁵⁴ See Purpose of the Spies in Yehoshua 2 for a partial discussion of the issue.