492) Are Halachic rulings (Piskei Halacha) open to critical analysis or do they represent Divine Will?

    The varying faces of Piskei Halacha:

A Psak Din from R. Henkin 1934 regarding an inheritance

A Psak Din signed by 250 rabbis declaring the Lubavitcher Rebbe the Messiah

Introduction

This article – based extensively on the research by Professor Adiel Schremer[1] − takes an in-depth and forthright look at the sometimes mysterious process of Halachic decision-making as practised by the Posek (Halachic judge or decisor). The Torah teaches that if any matter of law shall arise in the future that is too difficult for people to determine by themselves, then they must approach the “judge who shall be in those days” (Deut. 17:8-11) for adjudication:

וּבָאתָ֗ אֶל־הַכֹּהֲנִים֙ הַלְוִיִּ֔ם וְאֶ֨ל־הַשֹּׁפֵ֔ט אֲשֶׁ֥ר יִהְיֶ֖ה בַּיָּמִ֣ים הָהֵ֑ם וְדָרַשְׁתָּ֙ וְהִגִּ֣ידוּ לְךָ֔ אֵ֖ת דְּבַ֥ר הַמִּשְׁפָּֽט

However, the Torah is silent on exactly how the judge is to go about deciding the law: 

“Scripture offers no answer, and surprisingly it is neither discussed by later classical Jewish tradition, nor addressed by modern students of Jewish law” (Schremer 2010:5). 

In practice, we all know that the simple answer is to ‘ask a rabbi,’ or, under more pressing circumstances, to ‘ask a Posek’ (an authoritative Halachic decisor). The question, though, in light of the silence on the matter, is what specific process or methodology (if any) does the Posek (have to) follow?  Various interest groups sometimes propose direct or indirect 'guidelines,' but, as we shall see, that only contributes to the problem.

487) Self-promotion or natural authority? The case of Chavot Yair.

 

Introduction

This article – based extensively on the research by Professor Jay Berkovitz[1] − examines the charismatic image and commanding authority of the Halachic decisor, known as the Posek, whose task is to determine Jewish religious law. In this case, the rabbinic authority, R. Yair Chaim Bacharach (1638–1702) is used as an exemplar of the rise of the modern Posek.  He is known as the Chavot Yair after the title of his Responsa by that name, and he was active around the city of Worms in Germany. Responsa is sometimes called Sheilot uTeshovt (questions and answers) or Shut literature). The Chavot Yair was known for his innovation in law and independence of thought.