Posek
Posek (
Hebrew פוסק, , pl.
Poskim, פוסקים) is the term in
Jewish law for "legal decisor" - a
rabbi who decides the
Halakha in cases of law where previous authorities are inconclusive. A posek may often serve as a
Dayan ("judge") on a
Beth Din ("court of Jewish law").
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.
A posek will base a
psak din on a study of all relevant
precedents in light of a careful analysis of the
underlying legal principles. The Posek will therefore be thoroughly versed in
rabbinic literature and must be a master
Talmudist.
In formulating his ruling, the Posek will have studied the
application of the halakha through consideration of all relevant
legal precedents as recorded in the
responsa literature - and all relevant
codified law (with an emphasis on the
Shulkhan Arukh) - and will have mastered the underlying principles in that area through study of the relevant
Talmudic tractates with commentaries.
This analysis will
entail tracing the development of the corresponding legal material in the
Rishonim (early Middle age rabbinic authorities, such as
Maimonides or
Rashi) through the
Shulkhan Arukh (the "Code of Jewish Law"), and finally a close analysis of the works of the
Acharonim (rabbinic authorities from about the 1500s onwards) discussing the halakha as recorded in the
Shulkhan Arukh.
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 Halakha; 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 appointed by their Rebbes.
Modern Orthodox Jews may select a posek on a more individual rather than a communal basis, although customs vary.
Conservative Judaism
Conservative Judaism and
Masorti Judaism may re-interpret or even change a law through a formal argument. There are a some poskim in the Conservative movement, e.g. Louis Ginzberg and David Golinkin. In addition, the Conservative movement's
Rabbinical Assembly maintains a
Committee on Jewish Law and Standards, whose decisions are accepted as authoritative within the Conservative movement. The rulings of any one individual rabbi are considered less binding than a consensus ruling.
Reform Judaism
Poskim are not found in
Reform Judaism and
Reconstructionist 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.
*
Shlomo Zalman Auerbach (1910-1995, Minchat Shlomo)
*
Yehezkel Abramsky (1886-1976)
*
Ben Ish Chai (Yosef Chaim) (1832-1909, Ben Ish Chai)
*
Avraham Danzig (1748-1820, Chayei Adam)
*
Yosef Shalom Eliashiv (1910 - )
*
Yechiel Michel Epstein (1829-1907, Aruch ha-Shulchan)
*
Moshe Feinstein (1895-1985, Iggerot Moshe)
*
Shlomo Ganzfried (1804-1886, Kitzur Shulchan Aruch)
*
Chaim Ozer Grodzinski (1863-1940, Achiezer)
*
Yisrael Meir Kagan (1838-1933, Mishnah Berurah)
*
Avraham Yeshayahu Karelitz (1878-1953, Chazon Ish)
*
Chaim Kreiswirth (1918-2001)
*
Yechezkel Landau (1713-1793, Noda bi-Yehudah)
*
Shneur Zalman of Liadi (1745-1812, Shulchan Aruch ha-Rav)
*
Yehoshua Neuwirth (Shemiras Shabbos Kehelichasah)
*
Yaakov Chaim Sofer (1870-1939, Kaf ha-Chaim)
*
Yonasan Steif, (?-1958)
*
Vilna Gaon (1720-1797)
*
Eliezer Waldenberg (1917-, Tzitz Eliezer)
*
Yitzchok Yaakov Weiss (1902-1989, Minchas Yitzchok)
*
Ovadia Yosef (1920 - , Yabbia Omer)
For a listing of major works of responsa by author, see the Bar Ilan University Responsa project website [
1].
*
Halakha*
Talmud*
Oral Torah*
Gemara*
Rishonim*
Acharonim*
Responsa*
History of Responsa* 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 1999, Littman Library of Jewish Civilization.
* Mendell Lewittes
Jewish Law: An Introduction, Jason Aronson Inc.
*
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
