Midrash for Numbers 31:21

(Fol. 63a) Rabina, while sitting before R. Ashi observed a man tying an ass to a tree on the Sabbath. Rabina admonished the man but the latter paid no attention to him, whereupon Rabina said: "Thou art under ban for this." Rabina then said to R. Ashi: "Can this action of mine be regarded as disgraceful?" [Because I have done it in the presence of you, my teacher.] R. Ashi answered: "There us no wisdom nor understanding nor counsel against the Lord (Pr. 21, 30), i.e., whenever the desecration of the name of the Lord is threatened, no regard must be paid to a teacher." Raba said: "In the presence of his teacher, it is prohibited [for a disciple to decide a legal question] and it involves capital punishment; but in the absence of his teacher [if a disciple does so] it is, of course, prohibited but no capital punishment is involved." And in the absence of his teacher, you say, it does not involve capital punishment. Behold! It is taught that R. Elazar says: "The sons of Aaron did not die for any other sin than that they decided questions of law in the presence of their teacher, Moses. What verse did they interpret? [without asking Moses their teacher:] And the sons of Aaron the priest, shall put fire upon the latter (Lev. 1, 7). Thus they said to themselves: 'Although fire is to descend from heaven [upon the altar], it is nevertheless, a virtuous act to bring common fire.'" There was a disciple of R. Elazar. who decided legal questions in the presence of the latter. Whereupon R. Elazar said unto Ema Salmon, his wife: "I wonder if this disciple will live through this year." And the disciple died within that year. So his wife said to R. Elazar: "Art thou a prophet?" "Neither a prophet nor the son of a prophet," was his answer, "but I have a tradition that whoever decides a legal question in the presence of his teacher is guilty of capital punishment." And Rabba b. Chana said that this disciple was Juda b. Guriah and he was three miles away from his teacher, R. Elazar. [Hence it shows that even in the absence of his teacher, deciding legal questions involves capital punishment.'] It was in his teacher's presence. But R. Jachanan said he was three miles away from his teacher! And according to your own opinion [is there not an objection to be raised]? Wherefore was it necessary to state the disciple's name and his father's name? We must say (that these names are given) that we should not construe the above story as a mere parable. [Therefore it stated all the facts and it was indeed decided in the presence of R. Elazar.] R. Chiya b. Abba, in the name of R. Jochanan, said: "Whoever decides a legal question in the presence of his teacher, deserves to be bitten by a serpent, for it is said (Job 32, 6.) And Elihu, the son of Barachel, the Buzite, commenced, and said: 'Young am I in days, and ye are very old; therefore I hesitated and feared to show you what I Icnoiv.' It is written here vachalei (I feared). and it is written there (Deu. 32. 24.) With the power of serpents (Zochalei) that crawl in the dust." R. Zera said in the name of R. Chanina: "He is to be called sinner, as it is said (Ps. 119, 11.) In my heart have I treasured up thy saying, in order that I may not sin against thee." R. Humnuna raised the following contradictory point: "It is written (Ib.) In my heart, have I treasured up thy saying, and it is written (Ib. 40, 10.) I announce Thy righteousness in the great assembly"; and he himself explained it: "The former was said when Ira, the Yairite [his teacher], was living, [therefore David did not teach others]; and the latter refers to the time when Ira, the Yairite, was dead." R. Abba b. Zabda said: "He who sends his [priestly] gifts unto one priest will bring a famine into the world, for it is said (II Sam. 20, 26.) and Ira, the Yairite, was a priest unto David, etc. Was he a priest unto David only? Behold he was a priest unto all Israel also! We must therefore say that it means 'All the priestly gifts were given unto him by David, and immediately following this it is written (Ib. 21, 1.) And there was a famine for three years in the days of David." R. Elazar said: "He [who decides a legal question in the presence of his teacher] will be deposed from his honorable position, as it is said (Num. 31, 21.) And Elazar, the priest, said unto the men of the army," etc. And although he said that the law was taught to his uncle and not to him, still he was deposed from his honorable position, as it is written (Ib. 27, 28.) And before Elazar, the priest, shall he (Joshua) stand and he shall ask of him after the Judgment of the Urim before the Lord, etc. We, however, do not find an instance where Joshua ever availed himself of Elazar's help."

R. Simeon ben Yohai began his discourse with the verse “He stood, and measured the earth” (Habakuk 3:6). That is, the Holy One took the measure of all peoples and found no people other than Israel worthy of receiving the Torah. The Holy One took the measure of all generations and found no generation other than the generation of the wilderness worthy of receiving the Torah. The Holy One took the measure of all mountains and found no mountain other than Sinai worthy of having the Torah given on it. The Holy One took the measure of all cities and found no city other than Jerusalem worthy of having the Temple built within it. The Holy One took the measure of all lands and found no land other than the Land of Israel worthy of being given to Israel.

THE ZEAL OF PHINEAS
RABBI ELAzAR, son of 'Arakh, said: When the Holy One, blessed be He, descended upon Mount Sinai to give the Torah to Israel, sixty myriads of the ministering angels descended with Him, corresponding to the sixty myriads of the mighty men of Israel, and in their hands were swords and crowns, and they crowned the Israelites with the Ineffable Name. All those days, whilst they had not done that deed, they were as good as the ministering angels before the Holy One, blessed be He. The Angel of Death did not hold sway over them, and they did not discharge any excretions like the children of man; but when they did that deed the Holy One, blessed be He, was angry with them, and He said to them: I thought that ye would be like the ministering angels, as it is said, "I said, Ye are angels, and all of you sons of the Most High" (Ps. 82:6). But now, "Nevertheless, ye shall die like men" (Ps. 82:7).

What did Moses do? He took a thousand men (and) a prince from each tribe of the tribes of Israel. Behold, (there were) twelve thousand (men), and he who had been zealous because of the immorality, was the prince over them. The holy vestments and the trumpets of alarm were in his hand, and they went, and they took captive the daughters of Midian, and they brought them (to the camp). (Moses) said to (Phineas): Because of these did not twenty-four thousand men of Israel fall? as it is said, "Behold, these caused the children of Israel, through the counsel of Balaam, to commit trespass against the Lord in the matter of Peor" (Num. 31:16); and he began to be angry with them, as it is said, "And Moses was wroth with the officers of the host" (Num. 31:14). During his anger the Holy Spirit departed from him. Hence thou mayest learn that the impetuous man destroys his wisdom. Eleazar saw and he heard (the voice) behind (Moses), as it is said, "And Eleazar the priest said unto the men of war… This is the statute of the Law which the Lord hath commanded Moses" (Num. 31:21). He said to them: He commanded Moses and He did not command me.

(Bamidbar 31:21) "And Elazar the Cohein said to the men of the host who came to the war: This is the statute of the Torah which the L-rd commanded Moses": It had been forgotten by Moses, our teacher. Because he had succumbed to anger, he succumbed to forgetfulness. R. Elazar says: In three places he succumbed to anger and he succumbed to error: (Vayikra 10:16-17) "and he was wroth with Elazar and Ithamar, the remaining sons of Aaron, saying: Why did you not eat the sin-offering in the holy place?" (Bamidbar 20:10) "And he said to them: Listen, now, you fractious ones! Shall we bring forth water for you from this rock!" — followed by (11) "And Moses lifted his hand and smote the rock with his staff twice." Here, too, (Ibid. 31:14) "And Moses was wroth with the commanders of the host, the officers of the thousands and the officers of the hundreds, who came from the host of battle" — followed by "And Elazar the Cohein said to the men of the host who came to the war, etc." Moses, our teacher, because he had succumbed to anger, succumbed to forgetfulness. Others say: Moses authorized Elazar the Cohein to speak, so that when he died they would not say to Elazar: "In your teacher's lifetime you did not speak. Why are you speaking now?" "which the L-rd commanded Moses": He said the thing in the name of its sayer. And thus is it written (Esther 2:22) "And Esther said to the king in the name of Mordecai."