(Based on Zera Shimshon Parshas Behalosecha pg. 102)
There were men who were tomei [because of contact with] a dead person, and were not able to make the Pesach sacrifice on that day. So they approached Moses and Aaron on that day. (Bamidbar 9/6)
Rashi asks why did they approach Aharon in addition to Moshe? If Moshe didn’t know the halacha how could Aharon know it?
Rashi explains that they were both sitting together in Bais Medrash and they asked both of them at the same time.
Zera Shimshon asks that there is another time that a halacha was asked to someone in addition to Moshe. Concerning Bnos Tzlafchad it says, “They stood before Moses and before Eleazar the kohen and before the leaders and the entire congregation…”
There, though, Rashi gives two explanations; either they were both together (like he explains here) or they first asked Eleazer and then Moshe.
Why then, asks Zera Shimshon, didn’t Rashi mention this explanation here; that they first asked Aharon what they should do and when he didn’t know they asked Moshe?
He answers that when Bais Din gives permission for a rav to pasken the permission isn’t necessarily all-inclusive. They can give permission to pasken only ritual laws and not monetary laws and they can give permission to pasken monetary laws but not ritual laws.
In Parshas Yisro we only find that Yisro advised Moshe to appoint others to lighten his work load concerning money matters. We don’t find, however, that he suggested that he also appoint others to pasken ritual laws.
According to this we can now understand why Rashi didn’t explain that concerning the korbon Pesach they first asked Aharon and then Moshe. The laws of korbon Pesach are ritual laws and no one except for Moshe was allowed to pasken them.
On the other hand, Bnos Tzlofchod asked laws that concern inheritance which are monetary laws. Moshe gave others the permission to pasken these types of laws, just as Yisro suggested, and therefore it is possible that they asked Eleaxer first and then Moshe!
This d’var Torah is dedicated to Beracha Bas Menucha Shaina. In the merit of the learning Zera Shimshon’s divrai Torah, Hashem should answer her prayers and she should quickly find her proper match along with all the other members of Clal Yisroel who are also looking for their zivug hagun
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