Responsa (plural ofLatinresponsum, 'answer') comprise a body of written decisions and rulings given bylegal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars in historicreligious law.
Roman law recognisedresponsa prudentium, i.e., the responses and thoughts ofjurists, as one of the sources ofius scriptum (written law), along with laws originating frommagistrates, from theSenate, or from theemperor.[1]
A particularly well-known and highly influential example of suchresponsa was theDigesta (orDigests), in 90 books, the principal work of the prominent second century juristSalvius Julianus. This was a systematic treatise on civil andpraetorian law, consisting of responsa on real and hypothetical cases, cited by many later Roman legal writers.[2]
In theCatholic Church,responsa are answers of the competent executive authority to specific questions (in Latin,dubia, literally "doubts") sent byCatholic bishops to theHoly See.Responsa given by thePontifical Council for Legislative Texts which arepromulgated as authentic interpretation have the force of law as percanon 16 §2 of the1983Code of Canon Law. Otherresponsa cannot have this binding force, but nevertheless possess a high authority.[3][4]
Someresponsa are given inNotitiae,[5] the official journal of theCongregation for Divine Worship and the Discipline of the Sacraments (CDW). Theresponsa given inNotitiae are, according to the CDW, to be considered only as private responses unless they are published in official legal records of the Holy See.[6][7][8]
Inrabbinic literature, theresponsa are known asShe'elot u-Teshuvot (Hebrew:שאלות ותשובות "questions and answers"), and comprise the body of written decisions and rulings given byposkim ("deciders of Jewish law"). A modern term, used mainly for questions on theinternet, is "Ask the rabbi".[9]
Judaism's responsa constitute a special class ofrabbinic literature, to be distinguished from thecommentaries (meforshim)—devoted to the exegesis of theHebrew Bible, theMishnah, theTalmud—and fromthe codes of law which delineate the rules for ordinary incidents of life.[9]
The responsa literature covers a period of 1,700 years—the mode, style, and subject matter have changed as a function of the travels of the Jewish people and of the development of other halakhic literature, particularly the codes.[9]
Responsa play a particularly important role inJewish law. The questions forwarded are usually practical, and often concerned with new contingencies for which no provision has been made in thecodes of law, and the responsa thus supplement the codes. They, therefore, function as a source of law, in a manner similar tolegal precedent, in that they are consulted by later decisors (poskim) in their rulings; they are also, in turn, incorporated into subsequentcodes.[9]
In addition to requests for halakhic rulings, many of the questions addressed were theoretical in character, particularly among the earlier responsa. The responsa thus contain rulings onethics,business ethics, thephilosophy of religion,astronomy,mathematics,history,geography, as well as interpretations of passages in theBible, the Mishnah, the Talmud, and theMidrash. Thus, while earlyJewish literature has few historical works, many notes on thehistory of Judaism have been introduced into the responsa.[9]
Responsa thus contain valuable information about theculture of the Jews and the people among whom they lived. Information may also be gleaned about the moral and social relations of the times, occupations, the household,customs, expressions of joy and of sorrow, and recreations, and even games. Older responsa are also important for readings and emendations of the Mishnah and the Talmud.[9]
A similar use of responsa (here calledfatwā) is found inIslam.[3]
The chief forms of imperial legislation were edicts or proclamations; instructions to subordinates, especially provincial governors; written answers to officials or others who consulted the emperor; and decisions of the emperor sitting as a judge.
The last type of written law was theresponsa prudentium, or answers to legal questions given by learned lawyers to those who consulted them.
Solutiones quae proponuntur non induunt vestem officialem, sed habent valorem orientativum: solutiones 'ex officio' publici iuris fient in Acta Apostolicae Sedis
{{cite journal}}:Cite uses generic title (help)Licet solutiones quae proponuntur potestatem legislativam non habeant, induunt tamen vestem officialem quia actuale magisterium et praxim huius Congregationis exprimunt
This article incorporates text from a publication now in thepublic domain: Bacher, Wilhelm; Lauterbach, Jacob Zallel (1901–1906)."SHE'ELOT U-TESHUBOT ("questions and answers," or "interpellations and decisions")". InSinger, Isidore; et al. (eds.).The Jewish Encyclopedia. New York: Funk & Wagnalls.
This article incorporates text from a publication now in thepublic domain: Singer, Isidore; et al., eds. (1901–1906). "Jewish Encyclopedia name".The Jewish Encyclopedia. New York: Funk & Wagnalls.