Posek


Posek is the term in Jewish law for a "decisor" — a legal scholar who determines the position of Halakha – the Jewish religious laws derived from the written and Oral Torah – in cases of Jewish law where previous authorities are inconclusive, or in those situations where no clear halakhic precedent exists.
The decision of a posek is known as a psak din or psak halakha or simply a "psak". In Hebrew, פסק is the root implying to "stop" or "cease"— the posek finalizes the process of legal debate. Piskei din are generally recorded in the responsa literature.

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, from the Babylonian Talmud, through the major medieval codifications of the Law and up to recent decisions.
The process of analysis usually entails:
  1. an initial study of the relevant Talmudic Sugyas with commentaries;
  2. tracing the development of all related material in the Rishonim through the Arba'ah Turim and Shulkhan Arukh;
  3. and finally, a close analysis of the works of the Acharonim discussing the Halakha as recorded in the literature of the Rishonim''.
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 regard is, as far as possible, to be consistent with the codified law, as well as with the maximal relevant legal precedents, generally being decisions recorded in the Responsa literature.

The role of the posek

Orthodox Judaism

Poskim play an integral role in Orthodox Judaism in general and Haredi Judaism in particular.
The approach taken here will, generally, be as above. Thus 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 the article on Orthodox Judaism.

Conservative Judaism

approaches the idea of posek, and Halakha in general, somewhat differently, poskim here apply a relatively lower weighting to precedent, and will thus frequently re-interpret a previous ruling through a formal argument; see Conservative Halakha. Although there are some "poskim" in the Conservative movement - e.g. Rabbis Louis Ginzberg, David Golinkin, Joel Roth, and Elliot Dorff - the rulings of any one individual rabbi are considered less authoritative than a consensus ruling. Thus, 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. At the same time, 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.

Progressive Judaism

Both Reform and Reconstructionist Judaism do not regard the 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 Rabbi David Einhorn composed some. Rabbi Solomon Freehof, and his successor Rabbi Walter 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 the Central Conference of American Rabbis.
The Reconstructionist position is that if Jews would have formed cohesive communities again, their rulings would be binding, yet 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.

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

Pre-20th century