(Bamidbar 15:32) "And the children of Israel were in the desert, etc.": Scripture here speaks in disparagement of Israel, that they had observed only the first Shabbath, when they desecrated the second. "and they found a man mekoshesh wood on the Sabbath day." (mekoshesh" =) pulling (wood) up from the ground. You say that, but perhaps (the reference is to) a man himself, whose name was "Mekoshesh," (who was carrying wood).
It is, therefore, written (in negation of this assumption, Ibid. 33) "And they brought him near, those who found him mekoshesh wood." How, then, must I understand (Ibid. 32) "mekoshesh wood"? As pulling up wood from the ground. And who was that man?
Tzelafchad. It is written here (32) "desert," and elsewhere (27:23) ("Our father died in the) desert." Just as there, Tzelafchad; here, too, Tzelafchad. These are the words of R. Akiva.
R. Yehudah b. Betheira said to him: In either case, you are destined to give an accounting if it is as you say — He who spoke and brought the world into being covered up for him, and you bring it to light! And you are libeling that tzaddik! But who was it? It was one of "the bold ones," viz. (Ibid. 14:44) "And they made bold to go up to the top of the mountain." (Ibid. 15:32) "And they found a man pulling up wood.": We are hereby apprised that Moses appointed watchers (to this end), and they found him pulling up wood. (Ibid. 33) "And they brought him near — those who found him pulling up wood.": Why is this mentioned again?
Is not already written "And they found a man, etc."? We are hereby taught that they warned him (after finding him) and he continued doing so. R. Yitzchak says: This (repetition) is not necessary (to teach that prior warning is a prerequisite for the administration of the death penalty), viz.: If idolatry, the gravest (of all transgressions) is not liable (to the death penalty) without prior warning, how much more so does this hold for all the mitzvoth of the Torah.
What is the intent, then, of "those who found him"? We are hereby apprised that they forewarned him, specifying the forbidden labor — whence it is derived that in the instance of all the proto-labors (avoth melachoth) in the Torah, there must be forewarning, specifying the forbidden labor. (Bamidbar, Ibid.) ("And they brought him near to Moses and to Aaron and to the entire congregation": If Moses did not know, would Aaron know? — Reverse the verse (i.e., "they brought him near to Aaron [who did not know] and to Moses," and expound it.
These are the words of R. Yoshiyah. R. Channan says in the name of R. Elazar: They (Moses and Aaron) were sitting in the house of study, and they came and stood before them.