**Note on prior Halacha entitled "May A Person Put On A Talit Pesula On Shabbat In Shul If There Are No Kosher Tallitot Left", that was posted on Dec. 2nd. This Halacha explained that it would be permissible to put on a Talit pesula (unkosher) in Shul (only on Shabbat) in order to avoid embarrassment. It must be pointed out that although it is permissible to put on this Talit pesula, it is however forbidden to make a Beracha when putting it on. ***
Today’s Halacha:
The Gemara in Masechet Eruvin (Daf 63) elaborates on the prohibition known as "Moreh Halacha Bi'fnei Rabo" – rendering a Halachic decision in the presence of one's Rabbi, without first consulting with him, which the Gemara treats as a very grave transgression. How does this Halacha practically apply nowadays?
The Halachic work "Orchot Chayim" writes that nowadays, this prohibition does not apply in the same way as it did during the time of Chazal (the Sages of the Talmud), and a scholar may, in fact, render a Halachic decision without consulting with his Rabbi. The reason, the Orchot Chayim explains, is that in our time, Halachic literature – the Gemara, Shulchan Aruch, and later works – has supplanted the role served by Rabbis in the time of Chazal. Books of Halacha are, technically speaking, the "Rabbis" of our generation. Therefore, a student who has reached the level of Hora'a (Halachic decision-making) need not consult his Rabbi before rendering a decision, but he must consult the Halachic works. By extension, therefore, as the Peri Megadim (Rabbi Yosef Ben Meir Teomim, 1727-1792) writes, a scholar who issues a Halachic ruling without consulting Halachic literature violates the grave transgression of "Moreh Halacha Bi'fnei Rabo."
The Chida (Rav Chayim Yosef David Azulai, 1724-1806) elaborates on this issue in his work "Yosef Ometz" (Siman 47). He cites from the work "Urim Ve'tumim," whose author testified that whenever he was posed with a question whose response was not blatantly obvious, he would make a point of researching the topic in the Halachic works before rendering a decision. The Urim Ve'tumim added that this was of particular importance in his day, when forgetfulness abounded. The Chida commented (listen to audio clip for precise citation) that if the Urim Ve'tumim, a world renowned genius, would not rely on his memory and instead made of point of researching every question in the sources, then all the more would this apply in our times, when we forget material ever so quickly. The Chida also records an account of a question posed to Rabbi Yehuda Rosannes (1657-1727, author of the famous work "Mishneh Le'melech"), whose encyclopedic memory was legendary, who nevertheless made a point of opening the Shulchan Aruch before responding to the question. In more recent times, Chacham Matloub Abadi was famous for always consulting the Shulchan Aruch when a question was brought to him. Despite his comprehensive knowledge of Halacha, he nevertheless wanted to impress upon his students the importance of always checking the sources before issuing a response, rather than relying on memory.
In summary, nowadays the prohibition against issuing a Halachic ruling without consulting one's Rabbi does not apply the same way as it did in Talmudic times. Nowadays one may issue a ruling without consulting his Rabbi, but one may not render a decision before consulting with the relevant Halachic sources.
