Eruvin Chart #8

Chart for Eruvin Daf 63a

A TALMID WHO RENDERS
A HALACHIC DECISION BEFORE HIS REBBI

(A)
IN HIS PRESENCE
(B)
NOT IN HIS PRESENCE (1)
1 TALMID Chayav Misah Asur
2 TALMID CHAVER (2) Asur (3) Mutar (4)
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FOOTNOTES:

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(1) According to Tosfos (62b, DH Rav Chisda) and the Rosh, this means that the Talmid is farther than three Parsa'os (which was the size of the encampment of the Jews in the wilderness) away from his Rebbi. According to the Rashba and Ran, this refers only to a Talmid who renders a decision within three Parsa'os of one's Rebbi (but if he is farther than three Parsa'os from his Rebbi it is Mutar for a Talmid to render Halachic decisions even if he is not a Talmid Chaver, see note 4).

(2) See Insights, for the various definitions of "Talmid Chaver."

(3) This is the opinion of Tosfos (DH Rav Chisda), based on the Gemara which says that Rav Chisda was allowed to render Halachic decisions in Kafri, for he was not in the place of his Rebbi, Rav Huna (who was in Pumpedisa) -- even though Rav Chisda was a Talmid Chaver of Rav Huna. However, the Rambam (Hilchos Talmud Torah 5:9) seems to say that a Talmid Chaver may render Halachic decisions even in the same town as his Rebbi.

(4) This is clear from the Gemara which says that Rav Chisda and Rav Hamnuna rendered Halachic decisions when they were not in the same town as their Rebbi; apparently each was a Talmid Chaver of the other for otherwise it would have been Asur for them to pass decisions even when not in the presence of their Rebbi (Tosfos, DH Rav Chisda; however other Rishonim dispute Tosfos' conclusion and suggest a different explanation for why Rav Chisda was permitted to render Halachic decisions in a place other than his Rebbi's; see Insights).

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