Мидраш к Ийова 32:6

(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."