Teaching Halachos in Front of One’s Rebbe

Teaching Halachos in Front of One’s Rebbe

Sanhedrin 5b (Beraisa): A Talmid may not teach Halachos within three Parsaos of his Rebbi (the length of the encampment of Yisrael in the Midbar). This implies that if more than three Parsaos, then one can teach Halachos.

However, in Eruvim 63a, Rava states one that teaching Halachos in front of one’s Rebbe becomes eligible for the death punishment; teaching Halachos not in front of one’s Rebbe is not permitted but is not subject to the death penalty. Tosefos explains that in front of one’s Rebbe is within 3 Parsaos, and not in front of one’s Rebbe is more than 3 Parsaos.

Thus, these two sources seem to be contradictory in the case beyond 3 Parsaos.

Rishonim

• Over 3 Parsaos Sanhendrin - permitted Eruvim - assur
• Tosefos (Sahnedrin): a case where one receives permission. A student that did not receive permission
• Tosefos (Eruvim): Talmid Chaver (a colleague who learned some teachings from him) is permitted. Regular Talmid who is not permitted
• Ra’vad: Not done intentionally then permitted. If done intentionally then assur
• Mordachai: Rebbi does not regularly visit this location. Rebbi regularly visits this location
• Rivash: More than 3 Parsaos, permitted but the Rabbis decreed that assur if set function; occasional then permitted. In front of one’s Rebbi, death penalty; within 3 Parsaos not permitted but no death penalty

Poskim

1. Shulchan Aruch (YD 242:4): One may never rule in front of his Rebbi. One who does so is Chayav Misah.
2. Rema: This refers to Rabo Muvhak (from whom he learned most of his Chachmah).
3. Shulchan Aruch (ibid.): Some say that a proper Talmid within three Parsa'os is Chayav Misah if he rules, and outside of three Parsaos is forbidden, but he is exempt.
4. Rema: Some say that this is only if he regularly comes to the Talmid's city. If he comes only occasionally, everything is permitted outside of three Parsaos.
   • Shach (8): Every week is regularly. Every year is not.
   • Beis Yosef (DH uv'Perek): The Gemara connotes that within three Parsaos is considered in front of him, and outside of three Parsaos is considered not in front of him. Even so, it is forbidden regarding Rabo Muvhak.
   • Shach (10): The Shulchan Aruch connotes that outside of three Parsaos is permitted even without Reshus.
   • Hagahos Maimoniyos holds that he always needs Reshus.
   • (Maharik 169): One need not ask from all his Rebbeyim. It suffices to ask Reshus once, from Rabo Muvhak. This is so the Talmid will expound precisely, lest people err about his words. Maharik (169): The decree to require Reshus was due to a Chacham's ruling that was misunderstood. One who has Reshus is careful to say things so no error can be made. This applies even to simple matters!
   • Maharik (169): The Gemara forbids Hora'ah within three Parsaos, i.e. a proper ruling, but not a (simple) Heter. The Rambam permits Hora'ah on occasion outside of three Parsaos, but forbids in a fixed manner even at the other end of the world.