By Rabbi Berach Steinfeld
In Shmos 28:30 the Torah tells us that the Urim VeTumim were placed in the Choshen. The Targum Yonasan ben Uziel says that the Urim VeTumim served as a vehicle to ask anything in learning from Hashem. It would seem from the Targum that they would ask dinim in the Torah. We see the same concept brought in Bamidbar 27:21 that they would ask from Elazar the Kohen while wearing the Urim. The Targum uses the language “Lemeidan dina” to pasken Shailos.
The question arises based on Gemara Temurah 17a that says that Klal Yisroel forgot three thousand halachos during the mourning period for Moshe Rabbeinu. Klal Yisroel asked Yehoshua to ask the Urim VeTumim and he said, “No,” because torah is not in Shomayim and one can’t rely on psak based on heaven. This would seem to contradict the Targum who said that they would ask dinim from the Urim VeTumim.
We find a similar concept in Eiruvin 45a when Dovid asked Hashem if he should fight the Plishtim Hashem responded, “Go and you will be successful.” The Gemara explains that we need to understand what was Dovid’s question? If it was whether it is permitted or prohibited? That could not be the case because Shmuel and his Bais Din were still around, therefore they could not ask the Urim VeTumim. So, we see that a shailah whether something is muttar or assur we don’t ask from the Urim VeTumim.
We could say that asking the Urim VeTumim does not constitute Torah min Hashomayim since the Torah tells us to ask the Urim VeTumim that means that it is Torah being answered on this world. This is only in a case where the halacha was forgotten and there is no other way to get an answer but from the Urim VeTumim. But in a case where there is another way of figuring out the halacha then the Urium VeTumim was not a vehicle to ask the Shailoh in halacha. Even if one would ask the Urim VeTumim the Targum Yonasan would agree that we can’t pasken based on the Urim VeTumim.
This can be further explained based on Tosfos in Gittin 68a s.v. Zil. The Gemara discusses the search for the worm “Shamir” which was used to cut stones. They searched for it and Tosfos says they did not ask the Urim VeTumim because there was another way of finding it out, so they were not allowed to ask the Urim VeTumim.
This would explain the Gemara in Eiruvin that since Shmuel and his Beis Din were around, they could not ask the Urim VeTumim as they had another source to find the answer. So too we can explain the Gemara in Temura that they did not ask the three thousand halachos that were forgotten during the days of mourning for Moshe. Since the Gemara tells us that Asniel ben Knaz reminded everyone the halachos via his pilpul. Since there was another option of finding out they were not allowed to question the Urim VeTumim. We finally can explain why Elazar the Kohen Gadol was asked dinim from the Urim VeTumim because that was in a case where there was no other way of finding out the answer in that case one must ask the Urim VeTumim and listen to it and can’t claim that Torah is not baShomayim.
May we all be zocheh to learn all Halachos!
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