Have a sefer in front of you, and you don't look in? מורה הלכה בפני רבו. Paskening in front of a Rabbi. Anyway, פריך Gemara: ושלא בפניו, לא? And not in front of him, you're not allowed to? We just said, even not in front of him you can't, you're just not חייב מיתה, but you're not allowed to? והתניא, it says like this: רבי אלעזר אומר, says: לא מתו בניו של אהרן אלא על שהורו הלכה בפני משה רבן. No, I said I said the wrong thing. I mean, I meant to say something else. And if שלא בפניו you're not חייב מיתה, I'll prove to you that you're also חייב מיתה even if it's שלא בפניו. So שלא בפניו, לא? You're not חייב מיתה? You are חייב! I'll prove to you you are. והתניא, it says in a beraita: רבי אלעזר אומר, says: לא מתו בניו של אהרן אלא על שהורו הלכה בפני משה רבן, that the children of Aharon died because they paskened the halacha in front of Moshe. They paskened, so what is the halacha? מאי דרוש? What was that derash? What was that halacha? It says in a pasuk: ונתנו בני אהרן הכהן אש על המזבח, that the children of Aharon Hakohein shall put fire on the mizbeach. Amru, they said: We have a din that אף על פי שהאש יורדת מן השמים, even though the fire comes, came down מן השמים, מצוה להביא מן ההדיוט. It's a mitzvah to add. That's what it says here: The children of Aharon have to put the fire. Why they have to put the fire? There's a fire there already, מן השמים. So that's how they paskened. And if they

paskened this, and they didn't ask Moshe Rabbeinu if this is right, so they said, \"We could bring our own fire! It's מצוה להביא מן ההדיוט! So we could bring a hedyot, a a regular fire.\" That's why it's called אש זרה. Now, and the beraita continues with another story. תלמיד אחד היה לו לרבי אליעזר, there was a talmid that Rabbi Eliezer had, שהורה הלכה בפניו, he paskened a halacha in front of him. אמר לו רבי אליעזר, said Rabbi Eliezer said, we're going to see now does in front of him mean in front of him or in front of him in his lifetime, when he was still alive. So Rabbi Eliezer, אמר לו רבי אליעזר לאימא שלום, אשתו, Rabbi Eliezer said to אימא שלום, his wife his Rabbi Eliezer's wife was named אימא שלום, תמהני, \"I wonder, אם יוציא שנתו. I I think he's not going to live through the year.\" Because he paskened in front of Rabbi Eliezer. ולא הוציא שנתו, he takeh didn't live through the year. So he was definitely living at the time? No, mitah, to say that he died, that he was punished. We said before that if someone paskens שלא בפניו, not in front of him, you don't die. You're asur, but it's not... Here we see this guy died. He wasn't doing nothing to him either. Huh? It's just like a natural thing. Yeah. One second, we'll see. אמרה ליה, his wife said to him, נביא אתה? Are you a navi? You know the future? You know he's going to die? אמר לה, he said to her, לא נביא אנכי ולא בן נביא אנכי, I'm not a navi, not a son of a נביא, אלא כך מקובלני, this is what I have a kabbalah: כל המורה הלכה בפני רבו חייב מיתה בידי שמים. Anybody paskens halachah in front of his רבי, חייב מיתה בידי שמים. Now, אמר רבה בר בר חנה אמר רבי יוחנן, Rabbah bar bar Chanah said in the name of רבי יוחנן, אותו תלמיד, who was this talmid? He has a name even. יהודה בן גוריא שמו, his name was יהודה בן גוריא, והיה רחוק ממנו שלש פרסאות. He was three פרסאות away from him. So this is the kashya. So here we see that even though it was away from him, it was in his lifetime, in his Rebbi's, but it was away, and still he died. How did we say before that if it's שלא בפניו, it's asur, but אינו חייב מיתה, he's not חייב מיתה? Here we see he was חייב מיתה. So the Gemara says, בפניו הוה, in other words the מעשה was that he paskened mamash in front of him. פריך גמרא: והא רחוק ממנו שלש פרסאות קאמר, doesn't it say he was three פרסאות away? So the Gemara is going to answer: It doesn't mean at the moment when he paskened he was three פרסאות away. He lived three פרסאות away from him. ולטעמיך, it says, \"I'll I'll prove it to you. שמו ושם אביו למה לי? Why does it have to mention his name and his father's name? To tell you who he was, he was יהודה בן גוריא. אלא שלא תאמר משל היה. They said a name to show that it's not a משל.\" So part of what they wanted to show it's not a משל is to show that this guy who had a name, he had a name, his father had a name, we tell you his address, he lived three parsaot away. But the actual פסק דין that he made, that was actually in front of him, and that's why he died. But if you pasken שלא בפניו, then you're not חייב מיתה. What do you mean you pasken? You pasken somebody asks you a she'eilah? Yeah, somebody asks you a she'eilah and you pasken. You're supposed to say, \"Go to my Rebbe, I can't answer you.\" Yeah. Doesn't he have semichah? Huh? Those... What? Those days I guess it was only regular semichah, it wasn't the semichah we have now. Right. Oy oy oy. אמר רבי חייא בר אבא אמר רבי יוחנן, רבי חייא בר אבא in the name of רבי יוחנן,

כל המורה הלכה בפני רבו, anybody paskens halachah in front of his רבי, ראוי להכישו נחש, deserves a snake should bite him. שנאמר, it says: ויען אליהוא בן ברכאל, says in איוב, אליהוא בן ברכאל הבוזי said: ויען and he said, צעיר אני לימים, \"I'm young, ואתם ישישים, you're older than me, על כן זחלתי ואירא מחות דעי אתכם.\" Therefore I'm afraid to give my opinion. In other words, I can't give my opinion in front of you elders. But which word did he use, I'm afraid? Afraid has a word, it's ירא. What's זחלתי? Also means we use it in the in the davening, ראש השנה, יום כיפור. No, but here it means also shaking like afraid. But כתיב הכא זחלתי, here he uses the word זחלתי... וכתיב התם, another pasuk says, עם חמת זוחלי עפר, with the the anger or with the the the venom of those that crawl on the ground, that's a snake. So we see here he says, therefore זחלתי, meaning to say that I'm afraid that if I'm going to say something, a snake is going to bite me. So from here we see someone who paskens in front of his Rebbe deserves a snake should bite him. Yeah, yeah, the same word, crawling, crawling. So the snake is Terrible thing. carrying out the the Aibershter's מיתה. Yeah.

What happen if my wife, a wife asked a question, her husband has semichah, he can pasken for her? It's a כשר, לא כשר? Yeah, if he knows If he has semichah and he knows, he could. If he has semichah? Yeah. You can pasken for a wife even without semichah. If you know the halachah. You could say if you know the halachah, you know the halachah. So, So why did עקרת הבית shall shout tell the Rabbi? You don't have to call the Rabbi unless it's something that you're not clear. ואיכא דאמרי, and there are those that say in the name of Rabbi Chanina, not only that, נקרא חוטא, he's called a sinner, שנאמר, it says like this, \"בלבי צפנתי אמרתך,\" דוד המלך is saying, \"I In my heart I hid your words למען לא אחטא לך, so that I shouldn't sin to you.\" In other words, I didn't say it out, I kept it in me. That means I didn't want to say it in front, so we'll see later, in front of his Rabbi. Rabbi Elazar says, מורידין אותו מגדולתו, we also knock him down from his greatness if he paskens. And the Gemara is going to bring something interesting. שנאמר, it says, \"ויאמר אלעזר הכהן אל אנשי הצבא,\" that after this the fight that the Yidden had with Midyan, and they were going to tell them the halachot of גיעולי נכרים, kashering כלים, so who said it? Elazar. Elazar Hakohein said it. Now Moshe Rabbeinu was there. Why did he say it? ואף על גב דאמר, even though that when he said it, he said, \"לאחי אבא ציווה,\" this commandment that I'm telling you was told to my uncle, my father's brother, to Moshe, \"ולי לא ציווה,\" but me he didn't tell. So he already he gave it over in the name of Moshe, but nevertheless he said it in the name of Moshe. Now Moshe couldn't say this, this we have to know the pshat here, Moshe Rabbeinu couldn't say anything, cuz Rashi says in the פשט, בא לידי כעס, בא לידי טעות, cuz it says he got angry when they came back from the war, he was angry why they left they didn't kill the women, so it says ויקצוף, he got angry, and ever Moshe Rabbeinu got angry, so he forgot the halacha, so he couldn't say it. So Elazar was the only one to say it. So then what kind of taana do we have to him? The taana is instead of saying it then, he could have waited for Moshe Rabbeinu to to remind himself. Why did he have to say it? So he taka gave Moshe the credit, he said, \"Hashem didn't speak to me, Hashem spoke to my uncle, my father's brother, to Moshe,\" but still, where do we see was punished and what punishment? The punishment that he was knocked down from his gadlus. אפילו הכי אשכחן, we find the onesh he was punished. כתיב, it says that when Hashem, when Moshe Rabbeinu put Yehoshua to become his successor, so he says, \"This You're going to lead the יידן, ולפני אלעזר הכהן יעמד, and you'll stand in front in front of אלעזר הכהן ושאל לו במשפט האורים לפני השם, and you'll ask from him questions on the Urim VeTumim from Elazar in rank.\" That's what he told him. The fact is, לא אשכחן דאיצטריך ליהושע, we don't find anywhere in Yehoshua that he ever had to come onto Elazar. Then they made גורלות. Maybe it went to Elazar? Sure it could have been through Urim VeTumim, also? No, wait a second. But Urim Are you sure it's Urim VeTumim? I don't know, if if it is so, then it's a kashya. No, but lefoel, because Eibershter knocked him down from his gadlus. But like this he was supposed to be the like the stop. Still Kohen Gadol. So Kohen Gadol wears it? Yeah, but it doesn't I don't remember if he asked. Then we didn't get a proper answer because they made a גורל there. Until when? Eli HaKohen, Shmuel. Yeah. So he never used it? Yehoshua never used it at any? I think Hashem spoke to him directly. He has אחורי הפרגוד, something Hashem said, but I don't remember exactly. So it is. We don't learn Tanach and we don't learn דקדוק, so we don't know. Did you learn Tanach then? No, it's just a No, in the policy, all this the yeshivas,

especially when the Maskilim started learning their ענינים, so they stressed דקדוק and they stressed Tanach, so then all the Frumme Yidden stopped learning Tanach. But But lefoel, there are there are a lot of different Where he writes that they should start learning Tanach again and they should That's privately, but not in school, not in yeshivas, but privately everyone did, but then no one taught it in school. Also not even. That's why even the freye, the Maskilim made a joke. There was once they said, Rebbe who wants to say and give a drasha, and he said בהעלותך is written with a big ח to be מרומז on the eight days of Chanukah. So once the Maskil screams out, \"רבי, בהעלותך doesn't have a ח! It's an ה, not a ח.\" Says, \"Throw him out! ער איז געכאפט געווארן אין דקדוק! The guy, he's learning דקדוק, no good, throw him out!\" So they were laughing at it, that's. Then they have other jokes, every group has got all these jokes. הרחמן, you know, once there was, I forgot his name, one of the gedolim was trying, going on the train and there, I forgot, of course, you know, these Maskilim that got, so they wanted to prove to him that you guys don't know, they asked him, \"Where do we find four קמצין in a row in Chumash?\" So he's thinking and thinking, and he didn't think, nothing came in mind, so. So they told him הרחמן. So what's הרחמן? הרחמן. And then they, since they were, you know, Maskilim often Germany, so they said, \"האלטן זי דאס! האלטן זי דאס!\" Hold this, in other words, keep it in mind, that's good information to know. So he turned around to them and he says, \"And where is there four פתחין in a row?\" They didn't know. Says, \"הקדחת! האלטן זי דאס!\" What, what did he say? הקדחת. הקדחת. האלטן זי דאס! You hold this! King Saul had a direct line to הקדוש ברוך הוא, he spoke to him over time. I didn't remember the תומים there, but never know. Okay. זאגט די גמרא ווייטער, רב המנונא רמי, רב המנונא asks a סתירה between two פסוקים. כתיב, it says in one פסוק, David HaMelech says, not in the same פסוק, but two opposites, \"בלבי צפנתי אמרתך\". He says before, \"In my heart, I'm hiding the words, not saying it out.\" וכתיב, and then it says in the same פסוק, in the same קאפיטל, \"בשרתי צדק בקהל רב\". I gave over the צדק, the righteous things, the תורה, בקהל רב, I said it in public, so I did say it. Did he keep it in or did he give it out? לא קשיא, Gemara answers, לא קשיא. כאן בזמן שעירא היאירי קיים, the one that he said that he didn't say it is when Ira Hayairi, was one of his rabbeim, was alive, that's why when he didn't say it. כאן when it says he did say it, בזמן שאין עירא היאירי קיים, when he was not alive anymore. זאגט די גמרא ווייטער, אמר רבה בר בר חנה,

Rabbah bar bar Chanah says, כל המשגר מתנותיו לכהן אחד, if someone sends all his matanot, מתנות כהונה, there's a lot of מתנות כהונה you have to give to a Kohen, you give from every בהמה you have to give זרוע, לחיים וקיבה, you have to give תרומה, you have to give פדיון הבן, all kinds of things. So if you give it all always to one כהן, מביא רעב לעולם, you bring a hunger to the world. Because yeah, this Kohen is going to have a lot and the other Kohanim will not have anything to eat. And he brings a re'ayah, שנאמר, it says, \"וגם עירא היאירי היה כהן לדוד\". עירא היאירי was Dovid's Kohen. Kohen to Dovid? You ever hear a Kohen to a person? וכי לדוד לחוד הוה כהן? ולכולי עלמא לא הוה כהן? Only a Kohen to Dovid, he wasn't a Kohen to everybody? He was a Kohen. אלא דשגר ליה כל מתנתיה, that Dovid used to send him all the מתנות כהונה he used to send to him. וכתיב בתריה, and then it says, \"ויהי רעב בימי דוד שלש שנים\". And there was a hunger for three years. And this came, so since it goes בהמשך, so it shows that if you, yeah, that if you give מתנות כהונה to one Kohen, it'll bring a hunger. Dovid Hamelech didn't know that? Yeah, but it could come out that some people will get a lot and some people will get very little. No, called a chotef, no one grabs it. Whoever you give it to, not allowed to grab it, but. Tough for a Kohen, man! Suffocate. אז ער איז א גוטער כהן, מען קען נישט געבן אלע מתנות כהונה? קען גיין, פאר וואס נישט? מען געט מתנות כהונה, דאס איז. כהנים איז דא א 100 פראצענט כהנים, עפעס נישט. But you're talking there about one Kohen and about one person giving everything. You should not give everything to the same person, give it out to different. So, you can say the same thing about tzedakah. Ein hachi nami, you shouldn't give. Whatever a person has, if he finds his gvir. If a person finds his gvir. That person should give to others also. He can give mainly to one, but he should give to others also. Other people, other people gave. And Dovid was a lot, he probably had a lot, he was very rich, so he had a lot, so he gave over a lot. Had he divided it, more people would have. I guess and bichlal, sometimes some guy will be stuck, if he's a guy that's not so popular, whatever it is, he'll be stuck, so you have to look out to give. David Hamelech had a lot of money and a treasure and he didn't give to the people who were hungry, he kept the money without giving, always. So we're here, we're not talking about tzedakah, we're talking about this. Shlomo Hamelech did not want to touch this money that they had in the treasure. So why would David Hamelech do something like this? Cause famine? He didn't know? He didn't know. After that he found out. Yeah, and then we only know it from this pasuk. Okay. What? This he gives What? Every time, every all the מתנות. What, מתנות כהונה? Yeah, one of them. What do you mean one of them? One of the פסוקים on מתנות כהונה. In what פרק? It's only one פרק, he says. One פרק is only one פרק a day, no? And what's all the rest of the stuff? ראשית הגז, מה שאתה, ביכורים, That's all מתנות כהונה. Today he's only talking about one מתנות כהונה? Today is one of one פרק. And what I wanted him I wanted to talk about בהמה, I don't know בהמה, but let's talk about then, yes. And the Gemara says, אמר רב לוי, רב לוי he said, כל דמסיק מילה קמי רביה, anybody that says a word in front of his Rebbe, it's basically means to פסקן, אזיל לשאול, will go to underground בלא ולד, without children. שנאמר, it says, ויען יהושע בן נון משרת משה מבחוריו, ויאמר, יהושע said, אדוני משה כלאם, all he said is, my master משה, destroy them, cuz when Eldad u-Medad said the נבואה, even it says when in Divrei Hayamim when it counts the יחוס, it says this and this person had a son was נון, יהושע בנו, and Nun's son was Yehoshua. It doesn't go any further, it doesn't say who's Yehoshua's son, cuz Yehoshua didn't have any children. And the so and why was it? It was because he said these words: אדוני משה כלאם. He

asked him to do it, he didn't pasken it. I know, but he said this is the right thing to do. The emet is, it's not only pesak din, it's giving an opinion. Giving your opinion to your Rebbe unless he asks you, so you don't give an opinion. Like like what was the pasuk in Iyov? They said, we're we're young I'm young and you're older, so that's why I don't plan to I'm afraid to give my opinion. That's what it is. That's why by by Sanhedrin, by by Moshe's beit din, when they would go for a vote, they would start with the greatest first. No, it's not where they I'm sorry, with the young youngest first, kedei he should not, because at greatest first, no one could say against him, no one would give an opinion. He shouldn't have told Moshe Rabbeinu to do that, right? Right. He didn't he didn't even suggest it. It was like he said, do this. Like he gave him, kivayachol, an order: אדוני משה כלאם. He didn't say, please, maybe... אדוני משה, he said אדוני משה. Yeah, Moshe, it's true, because he called משה אדוני, he couldn't speak differently. So what did he tell Moshe? To destroy, to kill Eldad uMedad, cuz they were saying nevuah: משה מת, ויהושע מכניס. So Yehoshua was upset, because he's such an anav, he didn't want משה מת, how can you say? So he said to them, כלאם. What did Moshe answer? Something else, but he says, I don't have to destroy them. No, no. And Yehoshua tells: הטל עליהם צורכי ציבור, והם כלין מאיליהן. Put on them צורכי ציבור, communal work, and that's it. Okay. He was punished by forgetting He was punished by where he like forgot the the halachot or something? There's some like he lost the Torah, he lost... Moshe Rabbeinu's talmid. We understand, all of them forgot. But it had something to do with the punishment on on Yehoshua, no? Nothing to do with Yehoshua forgetting. I don't know, so that's He was If he forgot, he forgot or lost, Right. Yeah, okay. When he came on Moshe Rabbeinu died, a lot of, about 300 halachot were forgotten. Yeah, but he knew what to do. He went to get back those halachot. But because