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A posek will not overrule a specific law, unless it is based on an earlier authority: a posek will generally extend a law to new situations, but will not ''change'' the Halakhah; see [[Orthodox Judaism#Beliefs about Jewish law and tradition|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]].)
A posek will not overrule a specific law, unless it is based on an earlier authority: a posek will generally extend a law to new situations, but will not ''change'' the Halakhah; see [[Orthodox Judaism#Beliefs about Jewish law and tradition|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 Jews|Lithuanian]]-style [[Haredi Judaism|Haredi]] world it is probably Rav [[Yosef Shalom Eliashiv]]. For the [[Sephardi Jews]] it is probably Rav [[Ovadia Yosef]]. [[Hasidic Judaism|Hasidic Jews]] rely on their own [[Rebbe]]s or leading posek recommended by their Rebbes. [[Modern Orthodox Judaism|Modern Orthodox]] Jews may select a posek on a more individual rather than a communal basis, although customs vary.
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 Jews|Lithuanian]]-style [[Haredi Judaism|Haredi]] world it is probably Rav [[Yosef Shalom Eliashiv]]. For the [[Sephardi Jews]] it is probably Rav [[Ovadia Yosef]]. [[Hasidic Judaism|Hasidic Jews]] rely on the Rov in there community (sometimes but not always [[Rebbe]]s also get the position as Rov) or leading posek recommended by their Rebbes. Yet there are some Jews that are Hasidic but are not part of a specific movement these hassidim will vary in who they follow sometimes following generic hassid-style poskim like [[Shmuel Wosner|Rav Shmuel Wosner]]. [[Modern Orthodox Judaism|Modern Orthodox]] Jews may select a posek on a more individual rather than a communal basis, although customs vary.
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<!-- Among [[Messianic Jews]] many of them refer to Jesus of Nazareth, who was called the Messiah, as their posek. Some congregations or Messianic synagogues respect Orthodox Jewish poskim decisions. -->



Revision as of 20:05, 16 June 2011

Posek (Hebrew: פוסק [poˈseq], pl. Poskim, פוסקים) is the term in Jewish law for "decider"—a legal scholar who decides the Halakha in cases of law where previous authorities are inconclusive or in those situations where no halakhic precedent exists.

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.

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, especially the Babylonian Talmud.

The process of analysis usually entails today:

  1. an initial study of the relevant Talmudic Sugyas with commentaries;
  2. tracing the development of all related material in the Rishonim (Medieval rabbinic authorities prior to the Shulkhan Aruch) through the Shulkhan Arukh,
  3. and finally, a close analysis of the works of the Acharonim (rabbinic authorities from about the 16th century onwards) discussing the halakha as recorded in the literature of the Rishonim (and earlier Acharonim).

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 respect is to be consistent with as many relevant legal precedents as possible recorded in the responsa literature, and codified law.

The role of the Posek

A posek will not overrule a specific law, unless it is based on an earlier authority: a posek will generally extend a law to new situations, but will not change the Halakhah; 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 Rav Yosef Shalom Eliashiv. For the Sephardi Jews it is probably Rav Ovadia Yosef. Hasidic Jews rely on the Rov in there community (sometimes but not always Rebbes also get the position as Rov) or leading posek recommended by their Rebbes. Yet there are some Jews that are Hasidic but are not part of a specific movement these hassidim will vary in who they follow sometimes following generic hassid-style poskim like Rav Shmuel Wosner. Modern Orthodox Jews may select a posek on a more individual rather than a communal basis, although customs vary.

List of poskim and major works

Poskim of past years

Living Poskim

See also

References