Today's daf discussed whether one can pasken in front of a rebbi. I would like to understand when this applies. It is very common that a person asks a friend a very basic question in halacha, for example, what's the halacha about fasting on Rosh Chodesh, or I forgot which side of the menora to start lighting, and the friend will usually give an answer.
Is that called paskening? Is that just a discussion but not a psak? Is the aforementioned issur only for real shailos but not for black and white halacha that I am simply ignorant in?
When my friend asks me a question, when can I respond with an answer and when do I have to say "go ask the Rabbi"?
Thank you,
Rafi Goldmeier, (Ramat) Bet Shemesh, Israel
Tosfos (DH "Rav Chisda") quotes the RI as saying that Moreh Halachah b'Fnei Rabo only applies to something where the one asking assumes that this is some kind of rare or novel question, not where he knows that the answer to his question is common observant knowledge (i.e. like from which side of the Menorah to start lighting, which everyone does eight times a year). The Shulchan Aruch (Y.D. 242:8) Paskens like this opinion.
Your last question is more complex. This depends on many factors, such as what kind of Rabbi-student relationship one has with the Rabbi and categorizing that relationship, all of which is the subject of much discussion in the Poskim (i.e. see Y.D. 242:4-6 with Shach 12). The Shulchan Aruch Paskens (Y.D. 242:9) that when an exact case is brought down in the Sefarim of the Gaonim, it is exempt from the question of Moreh Halachah b'Fnei Rabo. This Shulchan Aruch would seemingly apply today if, for example, someone was asked a question which is specifically addressed in the Mishnah Berurah. However, if the question is not the exact case discussed by the Mishnah Berurah, the Halachah of Moreh Halachah b'Fnei Rabo would still apply (see Shach 16, who quotes the Derishah as arguing on the Shulchan Aruch, and the Shach's understanding of the Shulchan Aruch).
All the best,
Yaakov Montrose
But doesn't it also depend if you have gained your majority of learning from someone to be called your Rebbi.I think(dont quote me)that the Ben Ish Hai and other authorities argue that today the majority of our learning is from books.
Also,im sure many questions that are not found in the Mishnah Berura can be found in other sources.
Shalom U'Baracha
DC
Your point was part of what I addressed when I stated above that this depends on the Rebbi student relationship which is the subject of much discussion in the Poskim.
When using the Mishna Berurah as an example, I was doing so because the Mishna Berurah is an accepted Halachic authority which can be correlated to the statement of the Shulchan Aruch regarding the Pesakim of the Gaonim. Of course there can be other examples of accepted Halachic authorities as well.
Kol Tuv,
Yaakov Montrose