Posek
Posek (Hebrew פוסק, IPA: [po·ˈseq], pl. Poskim, פוסקים) is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive.
The decision of a posek is known as a psak din or psak halakha ("ruling of law"; pl. piskei din, piskei halakha) or simply a "psak". In Hebrew, פסק is the root implying to "stop" or "cease"—the posek brings the process of legal debate to finality. Piskei din are generally recorded in the responsa literature.
Contents |
[edit] Formulating a ruling (psak din)
In formulating a ruling, a posek will base the psak din on a careful analysis of the relevant underlying legal principles, as well as a careful study of the application of these principles. A Posek must therefore be thoroughly versed in rabbinic literature, especially the Babylonian Talmud.
The process of analysis usually entails today:
- an initial study of the relevant Talmudic Sugyas with commentaries;
- tracing the development of all related material in the Rishonim (Medieval rabbinic authorities prior to the Shulkhan Aruch) through the Shulkhan Arukh,
- and finally, a close analysis of the works of the Acharonim (rabbinic authorities from about the 16th century onwards) discussing the halakha as recorded in the literature of the Rishonim (and earlier Acharonim).
The ruling itself is an attempt to apply the precedents and principles of the Tradition to the question being asked. One common goal of poskim in this respect is to be consistent with as many relevant legal precedents as possible recorded in the responsa literature, and codified law.
[edit] The role of the Posek
[edit] Orthodox Judaism
In Orthodox Judaism poskim will 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; see further under Orthodox Judaism. (Thus for example, some Halakhic rulings related to electricity when it was new, were derived from rulings concerning another form of human-managed energy, "fire", but that view was subsequently modified as the nature of electricity was clarified when used as an electrical circuit.)
Poskim play an integral role in Haredi Judaism and Orthodox Judaism. Particularly in the Haredi world, each community will regard one of its poskim as its Posek HaDor ("Posek of the present Generation"). For Lithuanian-style Haredi world it is probably Rabbi Yosef Shalom Eliashiv. For the Sephardi Jews it is probably Rabbi Ovadia Yosef. Hasidic Jews rely on their own Rebbes or leading posek recommended by their Rebbes. Modern Orthodox Jews may select a posek on a more individual rather than a communal basis, although customs vary.
[edit] Conservative Judaism
Conservative Judaism and Masorti Judaism may re-interpret or even change a law through a formal argument. There are some poskim in the Conservative movement, e.g. Rabbis Louis Ginzberg, David Golinkin, Joel Roth, and Elliot Dorff. In addition, the Conservative movement's Rabbinical Assembly maintains a Committee on Jewish Law and Standards, whose decisions are accepted as authoritative within the American Conservative movement. The rulings of any one individual rabbi are considered less authoritative than a consensus ruling, every Conservative rabbi has the right as mara d'atra to interpret Jewish law for his own community, regardless of the responsa of the Law Committee.
[edit] Progressive Judaism
The role of the posek is somewhat different in Progressive Judaism, as these movements stress individual autonomy for interpretation of biblical and oral law. Nevertheless, since these movements consider Jewish law for various decisions, responsa on halakhah have been written by some Reform Rabbis, including Solomon Freehof and Walter Jacob. Full text collections of Reform responsa are available on the movement's website.
[edit] List of poskim and major works
[edit] Poskim of past years
- Yehezkel Abramsky (1886–1976)
- Shlomo Zalman Auerbach (1910–1995, Minchat Shlomo)
- Yoseph Chaim of Bagdad (1832–1909, Ben Ish Chai, Rav Pealim)
- Meir Brandsdorfer (Kaneh Bosem) (1934–2009)
- Avraham Danzig (1748–1820, Chayei Adam)
- Mordechai Eliyahu (1929–2010)
- Yechiel Michel Epstein (1829–1907, Aruch ha-Shulchan)
- Moshe Feinstein (1895–1985, Iggerot Moshe)
- Shlomo Ganzfried (1804–1886, Kitzur Shulchan Aruch)
- Avraham Gombiner (c.1633–c.1683, Magen Avraham)
- Chaim Ozer Grodzinski (1863–1940, Achiezer)
- Yisrael Meir Kagan (1838–1933, Mishnah Berurah, Chafetz Chaim)
- Avraham Yeshayahu Karelitz (1878–1953, Chazon Ish)
- Sabbatai ha-Kohen (1621–1662, Shach)
- Chaim Kreiswirth (1918–2001)
- Yechezkel Landau (1713–1793, Noda bi-Yehudah)
- Shneur Zalman of Liadi (1745–1812, Shulchan Aruch ha-Rav)
- Ephraim Oshry (1914–2003)
- Chanoch Dov Padwa (1908–2000, Cheishev Ho'ephod)
- Menachem Mendel Schneersohn (1789–1866, Tzemach Tzedek)
- David HaLevi Segal (1586–1667, Turei Zahav)
- Yoel Sirkis (1561–1640, Bach)
- Moses Sofer (1762–1839, Chasam Sofer)
- Yaakov Chaim Sofer (1870–1939, Kaf ha-Chaim)
- Yonasan Steif, (1877–1958)
- Yoel Teitelbaum (1887–1979, Vayoel Moshe, Divrei Yoel)
- Vilna Gaon (1720–1797, Gra)
- Louis Ginzberg (1873–1953, The Responsa of Professor Louis Ginzberg)
- Isaac Klein (1905–1979, A Guide to Jewish Religious Practice)
- Philip Sigal (Halacha in the Time of Jesus of Nazareth)
- Jacob Agus (1911–1986, Dialogue and Tradition)
- Solomon Freehof (1892–1990, Reform Jewish Practice and its Rabbinic Background)
- Jacob Zallel Lauterbach (1873–1942)
- Eliezer Waldenberg (1917–2006, Tzitz Eliezer)
- Yechiel Yaakov Weinberg (1878–1966, Seridei Eish)
- Yitzchok Yaakov Weiss (1902–1989, Minchas Yitzchak)
[edit] Living Poskim
Orthodox Poskim:
- Dovid Cohen
- Simcha Bunim Cohen, prolific author and pulpit rabbi in Lakewood, New Jersey
- Yosef Shalom Eliashiv (b. 1910)
- Dovid Feinstein, rosh yeshiva at Mesivtha Tifereth Jerusalem
- Fishel Herskowitz
- Menashe Klein, (Menashe Hakoton, Ungvar Rebbe)
- Avigdor Nebenzahl
- Yehoshua Neuwirth (Shemiras Shabbos Kehelichasah)
- Yechezkel Roth
- Moshe Sacks (Matnas Moshe)
- Hershel Schachter, rosh yeshiva at RIETS
- Chaim Pinchas Sheinberg
- Osher Weiss (Minchas Osher)
- Moshe Lando (Rabbi of Bnei Brak)
- Mordechai Willig, rosh yeshiva at RIETS
- Shmuel Wosner (Shevet HaLevi)
- Ovadia Yosef (b. 1920, Yabbia Omer)
- Yitzchak Berkovits, rosh kollel The Jerusalem Kollel
Conservative Poskim:
- Joel Roth, Rosh Yeshiva of the Conservative Yeshiva, Professor of Talmud and Jewish Law at the Jewish Theological Seminary of America (The Halakhic Process: A Systemic Analysis)
- David Golinkin, President of Machon Schecter, Chairman of the Va'ad Halakha of the Rabbinical Assembly of Israel (Responsa in a Moment: Halakhic Responses to Contemporary Issues)
- Elliot Dorff, Rector of the American Jewish University, Chairman of the Committee on Jewish Law and Standards of the Rabbinical Assembly (Matters of Life and Death: A Jewish Approach to Modern Medical Ethics)
- Danny Nevins, Dean of the Jewish Theological Seminary of America Rabbinical School
- Simcha Roth
Reform Poskim:
- Moshe Zemer, President of the Rabbinical Court of the Israel Council of Progressive Rabbis, Senior Lecturer in Rabbinics at Hebrew Union College - Jewish Institute of Religion (Halakhah shefuyah)
- Walter Jacob, President of Abraham Geiger College (Studies in Progressive Halacha)
- Mark E. Washofsky, Chairman of the Responsa Committee of the Central Conference of American Rabbis, Professor of Jewish Law and Practice at Hebrew Union College - Jewish Institute of Religion (Jewish Living, Teshuvot for the Nineties)
For a listing of major works of pre-modern and some Orthodox responsa by author, see the Bar Ilan University Responsa project website [1].
For a listing of Conservative responsa, see the website of the Rabbinical Assembly [2].
For a listing of Reform responsa, see the website of the Central Conference of American Rabbis [3].
[edit] See also
[edit] References
- N. S. Hecht et al., An Introduction to the History and Sources of Jewish Law, Oxford University Press.
- Louis Jacobs, A Tree of Life: Diversity, Creativity, and Flexibility in Jewish Law, second edition, Littman Library of Jewish Civilization, 1999.
- Mendell Lewittes, Jewish Law: An Introduction, Jason Aronson Inc., 1994.
- Authority and Autonomy in Pesikat HaHalacha, nishmat.net
- An introduction to the system of Jewish Law, aish.com
- Jewish Law Research Guide, University of Miami Law Library
- Jewish Law: Examining Halacha, Jewish Issues and Secular Law (online journal)
- AskMoses.com, Live Answers
|
|||||||||||||||||||||||||||||
