Responsa

Last updated

Responsa (plural of Latin responsum, 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars in historic religious law.

Contents

In the Roman Empire

Roman law recognised responsa prudentium, i.e., the responses and thoughts of jurists, as one of the sources of ius scriptum (written law), along with laws originating from magistrates, from the Senate, or from the emperor. [1]

A particularly well-known and highly influential example of such responsa was the Digesta (or Digests), in 90 books, the principal work of the prominent second century jurist Salvius Julianus. This was a systematic treatise on civil and praetorian law, consisting of responsa on real and hypothetical cases, cited by many later Roman legal writers. [2]

In the Catholic Church

In the Catholic Church, responsa are answers of the competent executive authority to specific questions (in Latin, dubia, literally "doubts") sent by Catholic bishops to the Holy See. Responsa given by the Pontifical Council for Legislative Texts which are promulgated as authentic interpretation have the force of law as per canon 16 §2 of the 1983 Code of Canon Law. Other responsa cannot have this binding force, but nevertheless possess a high authority. [3] [4]

Some responsa are given in Notitiae , [5] the official journal of the Congregation for Divine Worship and the Discipline of the Sacraments (CDW). The responsa given in Notitiae are, according to the CDW, to be considered only as private responses unless they are published in official legal records of the Holy See. [6] [7] [8]

In Judaism

Responsum of Rabbi Shmuel Wosner, Shevet HaLevi, concerning the status of translated works of Torah, in response to a question from Rabbi Shlomo Sztencl. mktbv SHl hrb SHmvAl hlvy vvAznr Avdvt hAm trgvm hvA tvrh SHbktb Av b`"p mktb tSHvbh lhrb SHlmh SHtnTSl.pdf
Responsum of Rabbi Shmuel Wosner, Shevet HaLevi, concerning the status of translated works of Torah, in response to a question from Rabbi Shlomo Sztencl.

In rabbinic literature, the responsa are known as She'elot u-Teshuvot (Hebrew : שאלות ותשובות "questions and answers"), and comprise the body of written decisions and rulings given by poskim ("deciders of Jewish law"). A modern term, used mainly for questions on the internet, is "Ask the rabbi".

Judaism's responsa constitute a special class of rabbinic literature, to be distinguished from the commentaries (meforshim)—devoted to the exegesis of the Hebrew Bible, the Mishnah, the Talmud—and from the codes of law which delineate the rules for ordinary incidents of life.

The responsa literature covers a period of 1,700 years—the mode, style, and subject matter have changed as a function of the travels of the Jewish people and of the development of other halakhic literature, particularly the codes.

Responsa play a particularly important role in Jewish law. The questions forwarded are usually practical, and often concerned with new contingencies for which no provision has been made in the codes of law, and the responsa thus supplement the codes. They, therefore, function as a source of law, in a manner similar to legal precedent, in that they are consulted by later decisors (poskim) in their rulings; they are also, in turn, incorporated into subsequent codes.

In addition to requests for halakhic rulings, many of the questions addressed were theoretical in character, particularly among the earlier responsa. The responsa thus contain rulings on ethics, business ethics, the philosophy of religion, astronomy, mathematics, history, geography, as well as interpretations of passages in the Bible, the Mishnah, the Talmud, and the Midrash. Thus, while early Jewish literature has few historical works, many notes on the history of Judaism have been introduced into the responsa.

Responsa thus contain valuable information about the culture of the Jews and the people among whom they lived. Information may also be gleaned about the moral and social relations of the times, occupations, the household, customs, expressions of joy and of sorrow, and recreations, and even games. Older responsa are also important for readings and emendations of the Mishnah and the Talmud.

In Islam

A similar use of responsa (here called fatwā) is found in Islam. [3]

See also

Related Research Articles

Halakha, also transliterated as halacha, halakhah, and halocho, is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. Halakha is based on biblical commandments (mitzvot), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the Shulchan Aruch. Halakha is often translated as "Jewish law", although a more literal translation of it might be "the way to behave" or "the way of walking". The word is derived from the root which means "to behave". Halakha not only guides religious practices and beliefs, it also guides numerous aspects of day-to-day life.

<span class="mw-page-title-main">Louis Ginzberg</span> Russian-born American Conservative rabbi and Talmudic scholar (1873-1953)

Louis Ginzberg was a Russian-born American rabbi and Talmudic scholar of Lithuanian-Jewish descent, contributing editor to numerous articles of The Jewish Encyclopedia (1906), and leading figure in the Conservative movement of Judaism during the early 20th century. He was born in Kaunas, Vilna Governorate and died in New York City.

Asher ben Jehiel was an eminent rabbi and Talmudist best known for his abstract of Talmudic law. He is often referred to as Rabbenu Asher, “our Rabbi Asher” or by the Hebrew acronym for this title, the Rosh. His yahrzeit is on 9 Cheshvan.

<i>Shulchan Aruch</i> Book of Jewish law by Rabbi Joseph Karo

The Shulchan Aruch, sometimes dubbed in English as the Code of Jewish Law, is the most widely consulted of the various legal codes in Judaism. It was authored in Safed by Joseph Karo in 1563 and published in Venice two years later. Together with its commentaries, it is the most widely accepted compilation of halakha or Jewish law ever written.

A Torah database is a collection of classic Jewish texts in electronic form, the kinds of texts which, especially in Israel, are often called "The Traditional Jewish Bookshelf" ; the texts are in their original languages. These databases contain either keyed-in digital texts or a collection of page-images from printed editions. Given the nature of traditional Jewish Torah study, which involves extensive citation and cross-referencing among hundreds of texts written over the course of thousands of years, many Torah databases also make extensive use of hypertext links.

Geonim were the presidents of the two great Babylonian Talmudic Academies of Sura and Pumbedita, in the Abbasid Caliphate. They were generally accepted as the spiritual leaders of the Jewish community worldwide in the early medieval era, in contrast to the Resh Galuta (exilarch) who wielded secular authority over the Jews in Islamic lands.

In Jewish law and history, Acharonim are the leading rabbis and poskim living from roughly the 16th century to the present, and more specifically since the writing of the Shulchan Aruch in 1563 CE.

<span class="mw-page-title-main">Isaac Alfasi</span> Maghrebi Talmudist and posek, commonly referee to as "the Rif" (1013–1103)

Isaac ben Jacob Alfasi (1013–1103) - also known as the Alfasi or by his Hebrew acronym, the Rif, was a Maghrebi Talmudist and posek. He is best known for his work of halakha, the legal code Sefer Ha-halachot, considered the first fundamental work in halakhic literature. His name "Alfasi" means "of Fez" in Arabic, but opinions differ as to whether he ever lived in Fez.

<span class="mw-page-title-main">Aggadah</span> Non-legalistic exegetical texts in the classical rabbinic literature

Aggadah is the non-legalistic exegesis which appears in the classical rabbinic literature of Judaism, particularly the Talmud and Midrash. In general, Aggadah is a compendium of rabbinic texts that incorporates folklore, historical anecdotes, moral exhortations, and practical advice in various spheres, from business to medicine.

<span class="mw-page-title-main">David Golinkin</span> American-Israeli Conservative rabbi

David Golinkin is an American-born conservative rabbi and Jewish scholar who has lived in Jerusalem since 1972. He is President of the Schechter Institutes, Inc., President Emeritus of the Schechter Institute of Jewish Studies and Professor of Jewish Law at the Schechter Institute of Jewish Studies in Jerusalem, Israel.

<span class="mw-page-title-main">Meir of Rothenburg</span> German rabbi and poet (c.1215–1293)

Meir of Rothenburg (c. 1215 – 2 May 1293) was a German Rabbi and poet, as well as a major contributing author of the tosafot on Rashi's commentary on the Talmud. He is also known as Meir ben Baruch, and by the Hebrew language acronym Maharam of Rothenburg. He was referred to by Rabbi Menachem Meiri as the "greatest Jewish leader of Zarfat " alive at the time.

The history of responsa in Judaism, spans a period of 1,700 years. Rabbinic responsa constitute a special class of rabbinic literature, differing in form, but not necessarily in content, from Rabbinic commentaries devoted to the exegesis of the Bible, the Mishnah, the Talmud, and halakha. The codes themselves contain the rules for ordinary incidents of life. The responsa literature covers all these topics and more.

<span class="mw-page-title-main">Shabbat (Talmud)</span> Talmudic tractate about the Jewish Sabbath

Shabbat is the first tractate of Seder Moed of the Mishnah and of the Talmud. The tractate deals with the laws and practices regarding observing the Jewish Sabbath. The tractate focuses primarily on the categories and types of activities prohibited on the Sabbath according to interpretations of many verses in the Torah, notably Exodus 20:9–10 and Deut. 5:13–14.

<i>Sifrei Kodesh</i> Collective term for all Jewish religious literature

Sifrei Kodesh, commonly referred to as sefarim, or in its singular form, sefer, are books of Jewish religious literature and are viewed by religious Jews as sacred. These are generally works of Torah literature, i.e. Tanakh and all works that expound on it, including the Mishnah, Midrash, Talmud, and all works of halakha, Musar, Hasidism, Kabbalah, or machshavah. Historically, sifrei kodesh were generally written in Hebrew with some in Judeo-Aramaic or Arabic, although in recent years, thousands of titles in other languages, most notably English, were published. An alternative spelling for 'sefarim' is seforim.

In Jewish law, a posek is a legal scholar who determines the application 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.

In Judaism, the presumption of priestly descent is the presumption that a Jewish man is a priest (kohen), based not on genealogical records of descent from Aaron or on Jewish court rulings, but rather by observation of his priestly behavior as recognized by his peers and community. Such an individual is called a kohen muhzak.

The following outline is provided as an overview of and topical guide to Judaism:

Igros Moshe is a nine-volume series of halakhic responsa by Rabbi Moshe Feinstein. The first seven volumes were published during Rabbi Feinstein's lifetime, while the remaining two were published posthumously in Jerusalem.

<span class="mw-page-title-main">Kiddushin (Talmud)</span> Tractate in Mishnah and Talmud

Kiddushin is a masekhet or tractate of the Mishnah and the Talmud, and is part of the order of Nashim. The content of the tractate primarily deals with the legal provisions related to halakhic engagement and marriage.

Responsa of the Geonim are responsa written by rabbis of the Geonic period in response to questions addressed to them.

References

  1. ↑ "Roman law | Influence, Importance, Principles, & Facts | Britannica". www.britannica.com. Retrieved 2021-12-21. The chief forms of imperial legislation were edicts or proclamations; instructions to subordinates, especially provincial governors; written answers to officials or others who consulted the emperor; and decisions of the emperor sitting as a judge.
    The last type of written law was the responsa prudentium, or answers to legal questions given by learned lawyers to those who consulted them.
  2. ↑ "Salvius Iulianus" in Adolf Berger, Encyclopedic Dictionary of Roman Law, American Philosophical Society, 1953, p. 552
  3. 1 2 Berkmann, Burkhard Josef (2020-09-22). "5. Methods of comparative law of religions - 5.4.1 Example: sources of law". The Internal Law of Religions: Introduction to a Comparative Discipline. Routledge. ISBN   978-1-000-17926-2.
  4. ↑ Bullivant, Stephen (2016-11-24). "Submitting dubia is a standard part of Church life. It's not unreasonable to expect a clear answer". Catholic Herald. Retrieved 2021-12-20.
  5. ↑ "Notitiae Responses". notitiae.ipsissima-verba.org. Retrieved 2021-12-20.
  6. ↑ Pentin, Edward (February 8, 2022). "Traditional Latin Mass: Canonists Question the Legislative Force of Recent Vatican Guidelines". NCR. Retrieved 2022-02-10.
  7. ↑ "[no title]" (PDF). Notitiae . 5: 323. 1969. Solutiones quae proponuntur non induunt vestem officialem, sed habent valorem orientativum: solutiones 'ex officio' publici iuris fient in Acta Apostolicae Sedis{{cite journal}}: Cite uses generic title (help)
  8. ↑ "Responsa ad dubia proposita" (PDF). Notitiae . 33: 138. 1997. Licet solutiones quae proponuntur potestatem legislativam non habeant, induunt tamen vestem officialem quia actuale magisterium et praxim huius Congregationis exprimunt
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.