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Encyclopedia > Halachic decisor

Posek (Hebrew פוסק; /poseq/ pl. Poskim) is the term in Jewish law for "legal decisor" - a rabbi who decides the Halakha in cases of law where previous authorities are inconclusive. This decision 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 - here the posek brings the process of legal debate to finality. Piskei Din are generally recorded in the responsa literature. The Modern Hebrew language is a Semitic language of the Afro-Asiatic language family. ... Halakha (הלכה or Halakhah, Halacha, Halachah) is the collective corpus of Jewish law, custom and tradition regulating all aspects of behavior. ... See Semicha for article about ordination of rabbis. ... Halakha (הלכה or Halakhah, Halacha, Halachah) is the collective corpus of Jewish law, custom and tradition regulating all aspects of behavior. ... The root is the primary lexical unit of a word, which carries the most significant aspects of semantic content and cannot be reduced into smaller constituents. ... Note: This is based on an entry from the 1906 public domain Jewish Encyclopedia The responsa literature, known in Hebrew as Sheelot U-teshuvot (questions and answers), is the body of written decisions and rulings given by rabbis to questions addressed to them. ...


The Posek will base his psak din on a study of relevant precedents in light of a careful analysis of the underlying legal principles. The Posek will have studied the application of the halakha through consideration of all relevant legal precedents as recorded in the responsa literature. He will have mastered the underlying principles in that area through study of the relevant Talmudic tractates with commentaries. This analysis will include tracing the development of the corresponding legal material in the Rishonim through the Shulkhan Arukh, and finally the Acharonic material on the halakha as recorded in that work. It is clear that a Posek will be thoroughly versed in Rabbinic literature and must be a master Talmudist. Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... Note: This is based on an entry from the 1906 public domain Jewish Encyclopedia The responsa literature, known in Hebrew as Sheelot U-teshuvot (questions and answers), is the body of written decisions and rulings given by rabbis to questions addressed to them. ... The first page of the Talmud, in the standard Vilna edition. ... Rishonim (Hebrew - sing. ... The Shulkhan Arukh (Hebrew: Prepared Table), by Rabbi Yosef Karo is considered the most authoritative compilation of Jewish law since the Talmud. ... Acharonim (Hebrew - sing. ... Rabbinic literature, in the broadest sense, can mean the entire spectrum of rabbinic writing throughout history. ... The first page of the Talmud, in the standard Vilna edition. ...


In Orthodox Judaism poskim will not overrule a specific law, unless based on an earlier authority; the posek will generally extend the law to new situations, but will not, as such, change the Halakha. (For example, some Halakhic rulings related to electricity when it was new, were derived from rulings concerning another form of human-managed energy, fire). Orthodox Judaism is one of the three major branches of Judaism. ...


Conservative Judaism and Masorti Judaism may re-interpret or even change a law through a formal argument. Here though, the role of poskim is less prominent. The rulings of any one individual are considered less binding than a consensus ruling. The Conservative movement's Rabbinical Assembly maintains a Committee on Jewish Law and Standards, whose decisions are accepted as authoritative. Conservative Judaism (or Masorti Judaism) is a denomination of Judaism characterized by: A positive attitude toward modern culture The belief that traditional rabbinic modes of study, and modern scholarship and critical text study, are both valid ways to learn about and from Jewish religious texts. ... The Masorti movement is the name given to Conservative Judaism in the State of Israel. ... Originally set up as the alumni association of the Jewish Theological Seminary of America (JTS), the Rabbinical Assembly (RA) is the official, international body of Conservative rabbis, with some 1400 members. ... The Committee on Jewish Law and Standards is the central authority on halakha (Jewish law and tradition) within Conservative Judaism; it is one of the most active and widely know committees on the Conservative movements Rabbinical Assembly. ...


Poskim are not found in Reform Judaism and Reconstructionist Judaism, as these denominations do not hold that Jewish law is normative (i.e. accepted as binding.) Reform Judaism (also known as Progressive Judaism while in the U.K. Reform Judaism and Liberal Judaism together make up Progressive Judaism) is a branch of Judaism characterized by: The belief that an individuals personal autonomy overrides traditional Jewish law and custom. ... Reconstructionist Judaism is a denomination of Judaism characterized by: The belief that an individuals personal autonomy generally overrides traditional Jewish law and custom, yet also holding that ones practices must take into account communal consensus. ...


Rabbinic education will correspond to the approach to Piskei Din as described above. In Orthodox Judaism, semicha requires an arduous learning program in the codes of Jewish law and responsa. Conservative Judaism has less stringent study requirements for Talmud and responsa study. In Reconstructionist and Reform Judaism emphasis is not placed on the study of normative Jewish law. Semicha (סמיכה) (meaning leaning [of the hands] in Hebrew) is roughly equivalent to the word ordination (in Hebrew: semichut סמיכות) of a rabbi within Judaism. ... Semicha (סמיכה) (meaning leaning [of the hands] in Hebrew) is roughly equivalent to the word ordination (in Hebrew: semichut סמיכות) of a rabbi within Judaism. ...


See also

Halakha (הלכה or Halakhah, Halacha, Halachah) is the collective corpus of Jewish law, custom and tradition regulating all aspects of behavior. ... Halakha (הלכה or Halakhah, Halacha, Halachah) is the collective corpus of Jewish law, custom and tradition regulating all aspects of behavior. ... The first page of the Talmud, in the standard Vilna edition. ... An oral law is a code of conduct in use in a given culture, religion or other regroupement, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is verbally transmitted. ... The Gemara are the Rabbinical commentaries and analysis on the Mishnah, undertaken in the Academies of Palestine and Babylon over a 300 year period to about 500CE. The Mishnah is the core text, and the gemara is the analysis and commentary which “completes” the Talmud (from gamar גמר, to complete). ... Halakha (הלכה or Halakhah, Halacha, Halachah) is the collective corpus of Jewish law, custom and tradition regulating all aspects of behavior. ... Halakha (הלכה or Halakhah, Halacha, Halachah) is the collective corpus of Jewish law, custom and tradition regulating all aspects of behavior. ... List of prominent rabbis. ...

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 1999, Littman Library of Jewish Civilization.
  • Mendell Lewittes Jewish Law: An Introduction, Jason Aronson Inc.
  • Authority and Autonomy in Pesikat HaHalacha (http://www.nishmat.net/article.php?id=180&heading=0), nishmat.net
  • An introduction to the system of Jewish Law (http://www.aish.com/societyWork/sciencenature/Why_Jewish_Medical_Ethics.asp), aish.com
  • Jewish Law Research Guide (http://library.law.miami.edu/jewishguide.html), University of Miami Law Library

  Results from FactBites:
 
Moshe Feinstein - Wikipedia, the free encyclopedia (572 words)
He was born, according to the Hebrew calendar, on the 7th day of Adar, 5655 (traditionally the date of birth of the Biblical Moshe) in Uzdan, near Minsk, Belarus, then part of the Russian empire.
The son of a rabbi and halachic authority, Rabbi Feinstein studied in Uzdan and Slutsk.
At the time he was regarded as Orthodoxy's foremost rabbinic scholar and halachic decisor.
Halakha - Wikipedia, the free encyclopedia (4823 words)
The name Halakha derives from the Hebrew halach הלך meaning "going" or the "[correct] way"; thus a literal translation does not yield "law", rather "the way to go." The term Halakha may refer to a single rule, to the literary corpus of rabbinic legal texts, as well as to the overall system of religious law.
When a rabbinic posek ("decisor") proposes a new interpretation of a law, that interpretation may be considered binding for the posek's questioner or immediate community.
There are important exceptions to this principle, which empower the posek (decisor) or beth din (court) responsible for a given opinion.
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