No. You're saying you're saying they're wrong. הרי שמצינו וירא את המקום מרחוק, ויעלם על מקומו, on the place. That's what? That's that's that's part of No, we learned on gezeirah shavah. Yeah, but there's somebody who didn't wasn't mekabel the gezeirah shavah from his Rebbe, cannot learn a gezeirah shavah. So mimela by the way I heard there are what's it, 25 gezeirot shavot, and this is not one of them, so what you said is wrong. So he says, \"No, that's that was a machloket. אלא מאי הוה?\" So where who was he? No, it says it was Rabbi Akiva. Huh? If Rabbi Akiva learned it from a gezeirah shavah, he heard it from his Rebbe! So there's argument, no? So it's He said he wasn't revealing anything that was hidden. Right, and he says, \"You are revealing something hidden and you're making things up,\" that's what he said to him. So according to the מן דאמר who was he? Because the Torah said clearly that they said to Moshe he died on his own aveirah. So what was he? He wasn't from Korach, he wasn't from the מרגלים. מן המעפילים הוה. Because after the מרגלים, what happened? There were certain Yidden who said, \"We're going.\" The Eibershter said, \"Don't go!\" And they went anyway, and they got killed. So there's a whole bunch of people, it doesn't say a name, it doesn't say who, so he was one of those. So it was not because he was against Moshe, it was not in the מרגלים, not from Korach. He died on his own. Remember when the Rebbe used this Gemara? Was screaming.

First year the Rebbe spoke about not moving out of Crown Heights, it was Acharon shel Pesach תשכ״ט. And Shabbos after, he spoke so sharp because some people came out with rumors that the Rebbe meant a certain person. There was a certain person that was planning to move out of Crown Heights, and the people are talking that the Rebbe probably meant him. I don't know how it got to the Rebbe that people said that. So the Rebbe screaming at the farbrengen, meforash my Gemara, \"התורה כיסתו ואתה מגלהו?\" Why, tell, if I would want people should know who it is, I would have said his name! I didn't say his name, so what are you going around making up names that that I never said? תשכ״ט, whatever, when was this? Shabbos after Pesach. After Pesach. Acharon shel Pesach was the first time, Acharon shel Pesach תשכ״ט, that the Rebbe spoke about the שכונה and that people shouldn't move out and the whole שיחה על פי הלכה that it's asur to sell to a goy, if he sells he makes Then the Shabbos after, he was talking, he mentioned, and I remember he was screaming, \"התורה כיסתו!\" No, because people said that the Rebbe meant a certain person and they and they came out with a name. But what did the Rebbe mean then? Did he mean Yeah, nobody should move out. He didn't mean anybody. \"If I would mean somebody, I would say it! And if I didn't say it, that's similar to I didn't mean somebody.\" So what, and that's why he used this lashon, \"התורה כיסתו ואתה מגלהו!\" At the הוצאת ספר תורה then he used the lashon. But he could have meant somebody and didn't want anybody to know. Again, they mentioned the name of a person, and the Rebbe said befeirush, \"איך האב נישט געמיינט, און ער איז א גוטער פריינד.\" Did he move out? Apparently, he moved out. South Carolina, he did move out. At that farbrengen he said, \"I didn't mean that person.\" He didn't say his name. We know who he meant. He didn't say his name, but he said the people who were talking that name, \"איך האב בפירוש נישט געמיינט, און ער איז ער איז א גוטער, מ׳קען זאגן ער איז א גוטער פריינד.\" How do you say that you know who he meant if he says he specifically didn't mean him? Not who he meant. We know who the Rebbe says that people spoke about who he meant. We know who the Rebbe said, \"I didn't mean.\" Tell you it was Was it Harav Shor? No. That's what I figured. One of the chasidim, one of the chasidim who was there. So it's lashon hara. He moved out anyway. But everyone knew everyone knows that he moved out. Who, the Rebbe? Huh? The one from Upstate, the one from that I also moved out. I hope he didn't mean me. When did you move out? Which year? When I got married. '67, כ״ח כ״ח כ״ז כ״ח. No, this was כ״ט, a year later, תשכ״ט. Why didn't the Chumash make it clear as to whether Tzelafchad was the one who Didn't want us to know! Makes no difference. Makes no difference, that's exactly what he's saying. The Torah didn't say, it makes no difference to you. Don't don't don't care so who it was. The Torah would want you to know, there would be then there would have been a reason to know, the Torah would have said. There is no reason for us to know, it makes no difference what his name is. Now if this is if this is if this is so, then then the בנות צלפחד, צלפחד did not have such a ta'anah and such a וכו׳ and and the same They should say they they just said that he was not part of Korach. Okay, so that's why. But he was If he was a מקושש עצים, then then So So So you know why you know what Why did they mention he's not from Korach? And if he was from Korach? He died, why now we're So the Rebbe said why they said. He wasn't against Moshe? Huh? Oh, that's what they said. He wasn't against Moshe. He says that, yeah. Yeah, the Rebbe said. Yeah, he wasn't Would you repeat that? Yeah, because because it shouldn't be that Moshe should נוגע בדבר. נוגע בדבר, right. So that's why it says he didn't know. Why didn't he know? The Rebbe had an אריכות.

Moshe said, \"I don't know the halacha.\" And he asked the Aibershter. Moshe didn't know? The Eibershter didn't tell him? The Eibershter said lechatchilah no. Ela mai, there's a din that if a חכם that's going to paskan, and he's going to paskan at the time when the she'eilah comes up and he's a נוגע בדבר, you can't believe him. Moshe was a נוגע בדבר, they made him a נוגע בדבר. They when they said to him he wasn't of עדת קרח He was not and he was not fighting you! Right. So mimela that's what makes Moshe, \"Oh, if it's so, I'll give in to you. I'll give That's why Moshe said, \"I'm sorry, I have to ask the Eibershter, this is a new psak, I can't do this.\" That is the Rebbe's peshat, an interesting peshat, a chasidishe peshat. I don't know where, I've heard this many years ago, but I'm I don't know... From a sichah. From a sichah. Yeah, yeah, yeah. It's chayav mitah anyway, what did he... They killed him, they didn't kill him, like halachah. To teach. He did it to teach that you're chayav mitah, or you're chayav What kind of mitah? The Midrash says... No, no, I'm saying, but what Did they still have a ta'anah that they didn't get land, even if he... Yeah. Yeah. ...המקושש, yeah. That's still a kushya whether they... I'll tell you, one second. The people who got land that went to Eretz Yisrael, who were their parents? All the people who died in the midbar for the aveirah of the meraglim. Nu, and still they got. The fact that you died, that the parent died, has nothing to do with this. All the yidden were the next generation. All the yidden went out of Mitzrayim, who had to get the land, all died. So the next generation, and they got the land in the place of the fathers, and they takeh got according to the cheshbon of the fathers, not according to their cheshbon. Let's say if you had a man, and he had two sons, they got The two guys got one share, and they divided it. That was here the lashon was כמה מתים יורשים את החיים. There was a whole cheshbon how it went. They divided it according to the people, and then they went back to who the father was, whatever. There's כמה חשבונות. The Gemara makes it in Bava Basra, Rashi makes it. But the bottom line is, it go back according to the fathers. So they ירש'ד, even though their fathers were all עוברי עבירה. They all died in the מדבר because of the חטא המרגלים. And they still got a share, so what's the geder there of המקושש? Kashya. How many years is, I think in Tosafot, that Moshe didn't know which misah he was chayav? That's the Midrash, yeah. Didn't know which misah. So that's not the case, based on the Rebbe's analysis? It is the case, what's the... So he he knew, but he couldn't say it, because he was a נוגע? No, it's two different things. Here it's the judgment. Yeah, he's to say whatever whatever he had to know, he couldn't pasken. He's the judge. Okay. Could be could be he knew that it was which misah, but it was yet to pasken it, and that פסק דין couldn't be, because he never publicly said it. Had he told the Yidden before, once, something else. But if he never told it, and now he's going to tell it, so the לשון is if the פסק is going to come for the first time he's going to pasken is based on the time when there is a נוגע בדבר, you can't pasken. So that misah which he To say he couldn't pasken that. He's a נוגע בדבר, maybe he's looking for an easier misah, maybe, you know. Whoever it was that was chopping wood on Shabbos, did he or didn't he get punished by death? Yes, he did. He got killed. So there's no opinion that he didn't? No, no. Chumash. No. Who was it? Some say It's to say different things. He didn't He got punished. The she'eilah is, did he mean to do an aveirah, or he had other כוונות? So the Midrash says that his כוונה was because the Yidden didn't know, one Midrash says that the Yidden thought that after the מרגלים you don't have to keep Shabbos anymore. So Moshe So he wanted to show that you have to keep Shabbos, and if not, you're punished, so he did it for that purpose. And he got killed, but he got killed for sure. He got killed for sure. And the Maharsha says it was a מלאכה מלאכה שאינה צריכה לגופה. He did it for a different reason, so it's not really a melachah done for the purpose of the melachah. And you're not chayav then according to Rabbi Shimon, and we pasken like that, that a מלאכה ש מלאכה שאינה צריכה לגופה is patur. And the

Rebbe quotes from the Bardichever in Kedushat Levi, he writes, ולא חלל שבת כלל. Why? Because of מלאכה שאינה צריכה לגופה, it's not a melachah, so it's it's not חילול שבת. So the Rebbe's a whole arichut. So how did they kill him? Because בית דין looks at a difference. See, there's in בשמים. If a בית דין sees, and according to the דין, בית דין של מטה, he did something that בית דין you have to kill him. But למעלה, לגבי שמיא, כלפי שמיא גליא, the Eibershter knew that he didn't do the the aveirah, so mimela takeh be'etzem it wasn't חילול שבת. So he he had to do something that appeared that it was not not שאינה צריכה לגופה. Right, right, he befeirush did like that. Otherwise he wouldn't be killed. What did he need? What did he need it for? Firewood? I don't know. Somehow he made it in such a way to show that he's chopping the wood because he need or collecting the wood because he needs it. So mimela he made it sound that that the עדים who came, and the people, so the בית דין investigated that it was צריכה לגופה, so they had to kill him. Sof kol sof, in his mind, no one knows what goes on in his mind, so in his mind, he was patur, so he was not Suicide. That's an aveirah. Hm? Did you have Trying to prove that you're chayav According to this midrash, that you're trying to that you're חייב מיתה still, because the people thought that after the מרגלים there is no more Shabbos, you don't have to keep the mitzvot in the מדבר. Because they were supposed to go to Eretz Yisrael, so now that they stayed, okay, so you like going back to before, before Matan Torah, whatever. Another story is Rashi, that they knew that he has to get killed. Why did they know? Because in Parashat Ki Tisa This is written in פרשת in פרשת where's the מקושש? The מגדף is a Parashat Emor, and the מקושש is the end of פרשת... או, Parashat Shelach. But in Ki Tisa already, it says מחלליה מות יומת. It's right before tzitzit, no? Ah, right before tzitzit, yeah. It's right before tzitzit. Not necessarily has the chronology. Huh? Not necessarily has the chronology. I know, I know, but it it We know when the מקושש was. מקושש was the same time as the מגדף, so. So why was he killed then, because of whatever? So what, for this reason, why why was he Because it appeared to the beit din that he was מחלל שבת. He sacrificed himself. Yeah, yeah, yeah, yeah, yeah. Instead of walking the other way, Moshe saying, \"Guys, you're mistaken?\" Obviously they were took it serious. Isn't that suicide and an aveirah? Huh? Yes, but he did l'shem shamayim. What does Tosafot claim? Even you can't do suicide l'shem shamayim. How do you know? I know, so they want Someone did suicide because he wants to protect another Yid, are you allowed to do that? I mean if a bullet's coming, maybe yeah. Also, you see? Or if you know that someone knows that suicide will protect Yeah, but it's not a short it's not a sure thing that he's going to Like you know, מחלל שבת, for whatever reason, and that's Klal Yisrael should know. Does it say that's an aveirah or something? I don't know. Does that say somewhere that that is? Yeah, in that sichah, the Rebbe talked about that. In that inyan, he talks about it. Okay, let's just do another few lines.

כיוצא בדבר אתה אומר, and you find a similar thing. It says, \"ויחר אף ה' בם,\" when מרים and אהרן spoke against משה, so השם was angry at them. וילך, and He went. מלמד שאף אהרן נצטרע, דברי רבי עקיבא. רבי עקיבא says, אהרן also became a מצורע. Really? Yeah. אמר לו רבי יהודה בן בתירא: עקיבא, בין כך ובין כך אתה עתיד ליתן את הדין. Whichever way, you're going to be punished. אם כדבריך, if you're right, התורה כסתו ואתה מגלהו. He said the תורה didn't tell us that he was got צרעת, so you're telling us? ואם לאו, and if it's not true, אתה מוציא לעז על אותו צדיק, you're giving bad a לעז on the tzadik. איי, פרעגט Gemara גמרא, כתיב \"בם\", he says the ראיה was because it says ויחר אף ה' בם, Hashem were angry at them, so they both got punished. So he answered, ההוא בנזיפה בעלמא. דער אייבערשטער was angry at him, דער אייבערשטער האט אים געגעבן א חלק, but not that He made him into a מצורע. He can be more angry at one than the other, even though He's angry at both. Yeah, and the reason was, could yeah, could be more anger, but He's angered him also. Why did she only get צרעת? Because she was the one that started it. He didn't get צרעת. No, according to this pshat According to Rabbi Akiva, he did. According to Rabbi Akiva, why does Moshe only pray for her and not for him? Because by Here the Gemara is going to explain, because by the time she got, he was finished already. He's got, taken it off earlier. Why why was Aharon faulted, because he listened to her? Well, he together with her, he listened and he, you know, he participated. He also agreed to her. He was out of