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July 27, 2016 8:28 am at 8:28 am #618028simcha613Participant
Did Moshe receive the entire Torah Shebe’al Peh from Hashem on Har Sinai? If so, how can we explain specific instances in the Torah that were post-Har Sinai where Moshe clearly did not know the halacha and Hashem had to teach it to him? Some examples are Pesach Sheini, Benos Tzelofchod, the punishment for the mekallel and the mekoshes eitzim. Some of these can be explained that Moshe forgot what was taught to him, but I don’t think that’s true for all of the cases.
July 28, 2016 6:03 pm at 6:03 pm #1160909Rabbi of CrawleyParticipantit is possible that much of torah shebaal peh had to be learnt .
So even though moshe zl received it , he did not go through all piskei halacha etc
July 28, 2016 7:04 pm at 7:04 pm #1160910ubiquitinParticipantBTW
The examples you cite are all torah shebiksav. (which makes your question stronger)
July 29, 2016 7:00 pm at 7:00 pm #1160911iacisrmmaParticipantR’ Shamshon Raphael Hirsch seems to indicate that the Mekoshesh happened right after the yidden were taught Hilchos Shabbath in Marah which is before Matan Torah. Moshe knew that he was to receive the death penalty just not which type.
He also explains that the question of Bnos Tzelaphchad was not about the general halachos of inheritance but of the special situation about going into Eretz Yisroel and the division of land based on who left Mitzrayim and what if that person had no sons. That specific question may not have been addressed.
Pesach Sheini is a good question since it was definitely after Matan Torah.
July 31, 2016 8:09 am at 8:09 am #1160912simcha613ParticipantRabbi of C- I agree that part of Torah Shebaal peh is extracting halachah from the Torah Shebichsav. I think the Brisker Rav has an idea that Moshe was not taught every halachah, but he was also taught the tools to extract halachah (like the 13 midos of R’ Yishmael) and halachos derived from this divine methodology is also Torah Shebaal peh even if it wasn’t explicitly and directly taught to Moshe.
However, the halachos I mention don’t seem to fit in that category because Hashem seemed to have instructed Moshe directly on these issues… only not on Har Sinai but afterwards.
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