Rabbi Akiva Names Tzelofchad as the Mekoshesh
Rabbi Akiva identifies the man who gathered wood on Shabbos as Tzelofchad, and Rabbi Yehudah ben Besaira warns him that either way he will have to give an accounting.
The Amora Reish Lakish said that one who suspects the innocent is punished by being stricken in his body (Shabbos 97a). The question of who exactly is considered innocent isn’t clear. The Chefetz Hashem says that innocent in this context refers to anyone who is not guilty of the infraction he is being accused of. This point is made clear by an exchange mentioned in the Gemara prior to Reish Lakish’s statement. Our rabbis taught: The mekosheish (gatherer mentioned in the Torah as being the first person subject to the death penalty for violating the laws of Shabbos) is in fact Tzelofchad, according to Rebbe Akiva. Rebbe Yehudah ben Beseira said to Rebbe Akiva, “In any instance you will ultimately have to give a Divine accounting for naming Tzelofchad as the mekosheish. If you are correct, the Torah specifically did not name who the mekosheish was, and you revealed the secret. If you are incorrect in your identification, then you slandered a righteous person.”