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גופא אמר רב יהודה אמר שמואל:
,שלשת אלפים הלכות נשתכחו בימי אבלו של משה
"אמרו לו ליהושע שאל א"ל "לא בשמים היא

Rav Yehuda says that Shmuel says: Three thousand halakhot were forgotten during the days of mourning for Moses. The people said to Joshua: Ask (for guidance from Heaven so that you can reacquire the forgotten halakhot). Joshua said to them: “It is not in heaven” (Deuteronomy 30:12) (Once the Torah was given on Sinai, the Sages of each generation must determine the halakha. No new halakhot may be added or subtracted by heavenly instruction or through prophecy) Temura 16a.

A similar situation occurred to Moses, where he "forgot" Halochos or didn't know what to reply (Hamekoshesh, Bnot Zlofchad). However, he immediately asked G-d for assistance and G-d revealed the Heavenly Halochos.

NOTE: This question is only relevant to the approach that Moses received the whole Torah on Mt. Sinai during the 80 days, and not subsequently through the 40 years piece by piece. I'd be glad if you don't mention that in your answers.

While Moses was on a higher level of prophecy than Yehoshua, it seems that the level does not matter at all, they later relied/declined even on Bas Kol.

If the rule is so fundamental, why did Moses choose to ask G-d instead of inferring the Halochos from his existing knowledge?

  • (1). Moses received the whole Torah on Mt. Sinai during the 80 days, and not subsequently through the 40 years piece by piece - For some reason, you seem to think that he two statements are supposed to be at odds with one another. (2). Why did Moses choose to ask G-d instead of inferring the Halochos from his existing knowledge ? - Sometimes, inference can go both ways, and the consequences can sometimes be fatal; otherwise, just plain silly. – Lucian Sep 14 '19 at 19:42
  • @Lucian Please continue 1, I do think they are at odds 2. If G-d allows inferring Halochos He definitely "doesn't care" about the results. – Al Berko Sep 14 '19 at 19:48
  • (1). If someone goes to the (super)market to buy seeds, do they buy the whole plant, or only part of the plant ? (2). Inference, reason, or logic is an expression of wisdom or understanding, which is a divine gift (Exodus 28:3, 31:3, 35:31; Deuteronomy 34:9; Isaiah 11:2; Job 32:8; Daniel 5:14; etc). – Lucian Sep 14 '19 at 21:36
  • @Lucian at this pace you lost me. – Al Berko Sep 14 '19 at 21:50
  • (1). The eighteenth and twentieth chapters of Leviticus, for instance, are nothing more than a logical expansion of the previously-revealed seventh commandment (Exodus 20:14). (2). If it is a gift or spirit of God, then it cannot be said that He is not (indirectly) involved in the results. – Lucian Sep 14 '19 at 22:31
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Those two assumptions are incorrect:

God talk to Moses is not bat kol, and not even a higher level of prophecy, It's the Tora itself - those sayings are written in the Tora.

And Moses definitely used his previous knowledge:

ויקרא י יח

הֵ֚ן לֹא־הוּבָ֣א אֶת־דָּמָ֔הּ אֶל־הַקֹּ֖דֶשׁ פְּנִ֑ימָה אָכ֨וֹל תֹּאכְל֥וּ אֹתָ֛הּ בַּקֹּ֖דֶשׁ כַּאֲשֶׁ֥ר צִוֵּֽיתִי׃

Vaykra 10:18

Since its blood was not brought inside the sanctuary, you should certainly have eaten it in the sanctuary, as I commanded.”

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