Posek

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Type of Jewish legal scholar

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InJewish law, aposek (Hebrew:פוסק[poˈsek], pl.poskim,פוסקים‎[posˈkim]) is alegal scholar who determines the application ofhalakha, theJewishreligious laws derived from thewritten andOral Torah, in cases of Jewish law where previous authorities are inconclusive, or in those situations where no clearhalakhic precedent exists.

The decision of a posek is known as apsak halakha ("ruling of law"; pl.piskei halakha) or simply a "psak".Piskei halakha are generally recorded in theresponsa literature.

Orthodox Judaism

Poskim play an integral role inOrthodox Judaism.

  • Generally, each community will regard one of itsposkim as itsPosek HaDor ("posek of the present generation").
  • Most rely on therav in their community (inHasidic communities, sometimes therebbe) or the leading posek.

Poskim will generally not overrule a specific law unless based on an earlier authority: a posek will generally extend a law to new situations but will not change the Halakhah.

Conservative Judaism

Conservative Judaism approaches the idea ofposek, andHalakha in general, somewhat differently:poskim here apply a relatively lower weighting to precedent, and will thus frequently re-interpret (or even change) a previous ruling through a formal argument. Although there are someposkim in the Conservative movement (e.g.,Louis Ginzberg,David Golinkin,Joel Roth, andElliot Dorff), the rulings of any one individual rabbi are considered less authoritative than a consensus ruling. Thus, the Conservative movement'sRabbinical Assembly maintains aCommittee on Jewish Law and Standards, whose decisions are accepted as authoritative within the American Conservative movement. At the same time, every Conservative rabbi has the right ofmara d'atra to interpret Jewish law for his, her, or their own community regardless of the responsa of the Law Committee.[1]

Progressive Judaism

BothReform andReconstructionist Judaism do not regard Halakha as binding.

Although Reform stresses the individual autonomy of its membership, it never completely abandoned the field of responsa literature, if only to counter its rivals' demands. Even Classical Reformers such as RabbiDavid Einhorn composed some. RabbiSolomon Freehof, and his successor RabbiWalter Jacob, attempted to create a concept of "Progressive Halacha", authoring numerous responsa based on a methodology laying great emphasis on current sensibilities and ethical ideals. Full text collections of Reform responsa are available on the website of theCentral Conference of American Rabbis.[1][2]

The Reconstructionist position is that if Jews had formed cohesive communities again, their rulings would be binding, but presently Judaism is in a "post-Halakhic state". Therefore, their basic policy is to allow tradition "a vote, not a veto" in communal and personal affairs.[3]

List of poskim and major works

In chronological order, by the year of birth, and if needed, secondarily, by year of death and surname.

Poskim of past years

Toledot HaPoskim, History of the Jewish Codes, byChaim Tchernowitz.

1600-1900

Orthodox

Conservative and Reform

Living poskim

See also

References

  1. ^Jacob, Walter (1988).Liberal Judaism and Halakhah. Rodef Shalom Press. pp. 90–94.ISBN 0-929699-00-9.
  2. ^Meyer, Michael A. (1993). "Changing Attitudes of Liberal Judaism toward Halakhah and Minhag".Proceedings of the World Congress of Jewish Studies.JSTOR 23536120. See a collection ofCCAR Responsa.
  3. ^Sacks, Jonathan (1992).Crisis and Covenant: Jewish Thought After the Holocaust. Manchester University Press. p. 158.ISBN 0-7190-4203-8.

Further reading

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