Commentary for Bava Batra 237:8

ויודע היה משה רבינו שהמקושש במיתה שנאמר (שמות לא, יד) מחלליה מות יומת אבל לא היה יודע באי זו מיתה הוא ימות וראויה היתה פרשת מקושש שתכתב ע"י משה אלא שנתחייב מקושש ונכתבה על ידו ללמדך

Rabbah raised an objection: [It has been taught that] R. Judah said, 'the daughters of Zelophehad took four portions, for it is said, and there fell ten parts to Manasseh!'<span class="x" onmousemove="('comment',' Josh. XVII, 5. V. supra 118b. These portions, according to the Scriptural context, were not in movable, but in landed property! How, then, could it be said that the double share was in movables only? ');">¹²</span> — But, said Rabbah, the land of Israel [was regarded even before the conquest as] in [actual] possession [of those who came out of Egypt].<span class="x" onmousemove="('comment',' Hence the right of the firstborn to take a double share. ');">¹³</span> An objection was raised: R. Hidka said: 'Simeon of Shikmona was my companion among the disciples of R. Akiba. And thus did R. Simeon of Shikmona say: Moses our Master knew that the daughters of Zelophehad were to he heiresses, but he did not know whether or not they were to take the portion of the birthright — And it was fitting that the [Scriptural] section of the laws of succession should have been written through Moses, but the daughters of Zelophehad merited it. and it was written through them.<span class="x" onmousemove="('comment',' I.e., at their instance, ');">¹⁴</span> Moses, furthermore, knew that the man who gathered sticks [on the Sabbath day]<span class="x" onmousemove="('comment',' Num. XV, 32ff. ');">¹⁵</span> was to he put to death, for it is said, Everyone that profaneth it shall surely be put to death,<span class="x" onmousemove="('comment',' Ex. XXXI, 14. ');">¹⁶</span> but he did not know by which [kind of] death he was to die. And it was fitting that the section of the man who gathered sticks should have been written through Moses, only the gatherer had brought guilt upon himself and it was written through him. This teaches you

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