ולזכות ידידי אהובי ר' משה גבריאל בן יהודית לברכה והצלחה בכל מעשה ידיו הוא וביתו וכל אשר לו
The Rambam [Mamrim 6/3] says that one may call his father by name, not in his lifetime and not after his death rather he should say אבי מורי. If his father or Rebbi had the same name as others, he should change their name. It would appear to me that this only applies to an uncommon name [שם פלאי] but common names [such as אברהם יצחק and יעקב] he may call others, provided that it is not in his father's presence ע"כ.
ולא יקרא לו בשמו לא בחייו ולא במותו אלא אומר אבא מרי היה שם אביו או שם רבו כשם אחרים משנה את שמם יראה לי שאין נזהר בכך אלא בשם שהוא פלא שאין הכל דשין בו אבל השמות שקוראים בהן את העם כגון אברהם יצחק ויעקב משה וכיוצא בהן בכל לשון ובכל זמן קורא בהן לאחרים שלא בפניו ואין בכך כלום
The Rambam [Talmud Torah 5/5] sings a different tune. "It is forbidden for a talmid to call his Rebbi by name even when not in his presence provided that it is an uncommon name .... and he may not mention his name in his presence even to call others who have the same name as his Rebbi as he would do to his father, rather he should change their name even after his death."
ואסור לו לתלמיד לקרות לרבו בשמו ואפילו שלא בפניו והוא שיהיה השם פלאי שכל השומע ידע שהוא פלוני ולא יזכיר שמו בפניו ואפילו לקרות לאחרים ששמם כשם רבו כדרך שעושה בשם אביו אלא ישנה את שמם אפילו לאחר מותם
These two Rambams caused a huuuuge "balagan" in the meforshim.
1] The Kesef Mishna asked: In Mamrim it is implicit that that one may only call OTHERS by the name of his father when it is a common name but one may not refer to his parent by a common name while in Talmud Torah the Rambam seems to hold that one may call even his FATHER [or Rebbi] by a common name and certainly others may be called by that name. [The Rambam in T.T. only talks about the prohibition relating to an uncommon name, implying that a common name presents no problem].
2] He further asks: In Mamrim the implication is that an uncommon name may not be used even [for others] when not in his father's presence [because he says that only common names may be used when he is not present]. In T.T. he implies that an uncommon name may not be mentioned only in his presence but when elsewhere it may be used ולא יזכיר שמו בפניו .
3] The Taz [Yo"d 242/4] asks that in Mamrim the Rambam equates between a parent and a Rebbi [היה אביו או רבו] while in T.T. he distinguishes between them [ולא יזכיר שמו בפניו ואפילו לקרות לאחרים ששמם כשם רבו כדרך שעושה בשם אביו] .
4] The Bach asks that the Rambam in T.T. begins by saying that an uncommon name may not be used only in his presence. But then he continues and says that his name should be changed even after their death - when he is no longer present. But wait - he just said a second ago that it is forbidden only in his presence?? Why should it be a problem after his death??
5] What is the logic of the R"m in T.T. in saying that one may call a Rebbi by a common name [see 1]? I understand that when calling others there is a difference between a common and uncommon name because when using an uncommon name it sounds like one is referring to his Rebbi and that is not respectful. But if referring to the Rebbi himself what difference does it make if it is a common or uncommon name? Bottom line - he is referring to his Rebbi by name?? So why is it permitted if it is a common name?
6] The Drisha asks [Yo"d 240/4]: The source that forbids one to call his Rebbi by name is the gemara in Sanhedrin [100a] that Gechazi called his Rebbi, Elisha, by name and was punished. But there it was not an uncommon name and not in his Rebbi's presence and according to the Rambam in T.T. that is permitted??
7] The Gra asked [242/33] asked that the source for the איסור even שלא בפניו is from Kiddushin 31b that a chacham changes the name of his father and Rebbi and brings from Mar Bar Rav Ashi [see there] and this was after the death of his father and we learn from this that even when not in his presence it is forbidden to call him by name. Now this was not an uncommon name and according to the Rambam in T.T. it should be permitted to use it. So how does his opinion square with the gemara?
8] The Rambam makes the distinction between a common name and uncommon name with two different terms. In Mamrim he writes ויראה לי while in T.T. he writes it סתם without adding that this is his own personal opinion.
9] In Mamrim the Rambam opens by saying that "one may call his father by name, not in his lifetime and not after his death" while in T.T. he doesn't mention the law of using his name after his death until the end of the halacha. Why the change in phraseology?
HEEEELLLPPPPPP!!!!!!
