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Responsa

 

(Heb. she'elot u-teshuvot, "questions and answers"). Written answers on issues of Jewish law and learning from talmudic scholars to queries from colleagues and lay people or communities. The practice of this form of rabbinical communication began in the talmudic period and became formally instituted in the geonic era.

When the Jewish people became dispersed, the problem arose of maintaining religious unity among the scattered Jewish communities. The practice therefore developed of referring halakhic queries to central authorities whose responses would determine local legal decisions and Jewish practice. Touching on all aspects of Jewish life, the responsa ensured a standardization of Judaism in all Jewish communities and constituted an authoritative body of precedents and decisions consulted to this day by rabbinical scholars when ruling on contemporary issues of religious observance. In addition, the sense of national unity was maintained by the constant flow of communications between the various communities. Not limited to practical matters alone, the responsa enabled scholars in remote areas to query colleagues in the centers of Jewish learning. Spiritual leadership could be maintained in remote communities and the sense of community among rabbinical scholars was reinforced, despite the vast distances separating them.

The responsa can be divided into three main periods:

a) Geonic (see Ga'on) (from the mid-seventh to mid-11th centuries). The first major responsa began to appear in the middle of this period. While some of the communications were brief answers conveyed in a word or two, others were more substantial, at times reaching the proportions of a monograph. The subject-matter was variegated, ranging from requests for assistance on issues of Jewish religious practice to queries on points rooted in Jewish as well as secular learning. These queries were directed to the Babylonian ge'onim, whose replies have become authoritative Jewish religious classics. Unfortunately, the ge'onim did not make copies of their replies and many have been lost.

b) Rishonim (from the 12th to 15th centuries). The subject-matter now focuses increasingly on issues of religious practice and the format becomes longer. These became regarded as authoritative sources.

c) Aḥaronim (from the 16th century to the present): In the wake of various Expulsions, Jewish communities became more scattered and less homogeneous. Problems arose concerning different customs and with regard to communal structures. The emphasis in terms of subject-matter was now on practical, rather than philosophical, matters.

As in earlier periods, the responsa of the 20th century, which are consulted by Orthodox, Conservative, and Reform scholars, rely on previous authorities---the Talmud and the responsa of previous centuries---in order to grapple with the problems faced by the modern Jew, such as organ transplants and euthanasia. Even during the Holocaust, Jews consulted rabbis to legislate on matters arising from conditions of coercion in the ghettoes and concentration camps. With the establishment of the State of Israel in 1948, Jews are now involved---after a lapse of 20 centuries---in all aspects of running a country and a new category of responsa is required in order to deal with halakhic issues within the context of sovereign Jewish statehood. Responsa are also studied today as a major source of Jewish social history, throwing light on the inner workings of the community and on everyday life.

Major projects of compiling and classifying the responsa have been undertaken by two of Israel's universities: the Hebrew University of Jerusalem and Bar-Ilan University, Tel Aviv, the latter by computerization.


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Wikipedia: Responsa
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Responsa (Latin: plural of responsum, "answers") comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.

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In the Roman Catholic Church

In the Roman Catholic Church, a responsa is an answer given by the Congregation for the Doctrine of the Faith on certain matters pertaining to faith and morals. The Holy Office is the sole and exclusive doctrinal organization which has the right to give responsa. Recent doctrinal documents which contain relevant responsa are Commentary on Responsa ad quaestiones, Responsum ad Dubium Concerning the Teaching Contained in Ordinatio Sacerdotalisand Responses to Certain Questions of the United States Conference of Catholic Bishops Concerning Artificial Nutrition and Hydration

In Judaism

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 ("decisors of Jewish law").

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. See History of Responsa.

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, almost as legal precedent, in that they are consulted by later decisors in their rulings; they are also, in turn, incorporated into subsequent codes. See Posek; The sources and process of Halakha.

In addition to requests for Halakhic rulings, many of the questions addressed were theoretical in character, particularly amongst the earlier responsa. The responsa accordingly 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 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 (Ar. fatwā, pl. fatāwā) is found in Islam. Here the mufti (from the same root as fatwā) is a member of the Islamic scholarly class ('ulamā', sg. 'ālim) who form the Muslim religious establishment. In Islam, the term muftī is largely restricted to Sunnism, and has both a formal and informal use, the former for state-appointed officials who gave rulings on matters concerning the state or the public, the latter for individuals shaykh who respond to their followers or to others.

Nowadays, questions can be asked via the Internet, where numerous sites have sprung up offering legal rulings and advice.

In Shi'ism, fatwa is also used. There personal devotion to specific clergy is mandatory for believers. High-ranking members of the 'ulama' class achieve the status of marja' al-taqlīd (pl. marāji'), that is, 'the point to which imitation returns': in other words, they pronounce on religious matters, especially legal ones, and the rest of mankind are muqallid or imitators, who do nothing without the mandate of their specific marja'. There are very few marāji' at any time, though on a number of occasions since the 19th century, the title has come to rest on a single individual for the entire Shi'i world. There are larger numbers of Shi'i clergy with the rank of mujtahid, who are empowered to give independent opinions on religious matters. Traditionally, as in Judaism, the answers of marāji' and mujtahids are collected in a compilation called Risāla-yi su'āl va javāb (Pers.) or 'Epistle of Questions and Answers).

There is generally greater latitude for Shi'i 'ulamā', insofar as the principle of independent reasoning (ijtihād, from the same root as mujtahid)) in matters of religious law remains valid in Shi'i jurisprudence, whereas it is deemed to have ended in Sunnism as far back as the 10th century (though it is now reckoned that this perception of the desuetude or 'closing of the door' of ijtihad did not always apply).

See also

Bibliography

  • M. Elon, Jewish Law, Jerusalem 1975

References

External links


 
 

 

Copyrights:

Encyclopedia of Judaism. The New Encyclopedia of Judaism. Copyright © 1989, 2002 by G.G. The Jerusalem Publishing House, Ltd. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Responsa" Read more