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THE RIGHT ANSWER
In determining the proper answer to halachic problems raised in life, the halachic decisor relies upon three main sources to determine the correct response. These three bases of halacha are 1) the basic books of psak – the orderly and well written books of the codification and restatement of Jewish law – such as Rambam’s Mishna Torah, Rabi Yosef Caro’s Shulchan Aruch, Rabbi Yechiel Epstein’s Aruch HaShulchan and Rabbi Yisrael Kagan’s Mishna Brurah; 2) The books of rabbinic responsa - the sheeilot utshovot – the answers to those actual case-by-case halachic problems written by the great Torah scholars over the centuries, such as the responses of Rabbi Asher ben Yechiel (13th-14th century Germany/Spain), Rabbi Yechezkel Landau (18th century Prague), Rabbi Yitzchak Elchanan Spektor (19th century Lithuania) and Rabbi Moshe Feinstein (20th century United States); and 3) the knowledge, judgment and intuition of the decisor himself, who is being called upon to render the proper decision in the actual case presented before him for resolution.
Because of the great scholarship required and the complexity of comparing different cases, opinions and circumstances one to another, there are in each and every generation only a relatively small number of scholars who are generally accepted as being legitimate poskim in halachic matters. A posek is not necessarily an appointed position or even a very public figure. He achieves this status by his reputation as a scholar and his rigorous personal and intellectual integrity. For example, in our time, Rabbi Shlomo Zalman Auerbach, z’tl, of Jerusalem’s Shaarei Chesed neighborhood was recognized as being a primary decisor and posek.
Many of the great decisors of the ages wrote sheeilot utshovot and also wrote basic books of ordered psak. Sometimes the decisions rendered in their tshuvot contradicted what they had written in their books of psak. The question then arose as to which opinion could be relied on in determining the correct halachic position. This occurred regarding the decisions of Rabi Asher ben Yechiel and a great debate ensued regarding the matter. It is interesting that the opinions of the sons of Rabbi Asher ben Yechiel, that their father’s work of psak was to take precedence over his tshuvot since they felt that his book of psak was written later in his lifetime, was disputed by many of the scholars. They felt that since the tshuvot were written to decide actual and not theoretical cases, the tshuvot should be followed.
However, many if not most of the scholars were of the opinion that whichever work – the book of psak or the tshuvot – was written later was the opinion to be followed. Others thought that since the tshuvot were always written under the pressure of time to answer, almost immediately, the question posed, they were less reliable than the book of psak, which was composed with greater serenity and less time pressure. A further opinion was that the tshuvot were more reliable since “Divine aid” was present for real-life cases and actual people and not really always present for a theoretical book of psak.
As such, it is not difficult to see that a posek faces a veritable maze in attempting to answer a halachic problem correctly. He is guided by precedent but also by his instinct. Rashi, the greatest of all Talmudic commentators, often uses the phrase “my heart informs me” when dealing with matters that are not clear and for which little precedent or tradition can be found. Great knowledge, holiness of purpose and a Godly intuition are the tools that construct the decisions of the posek.
There have been issues, in Jewish law, which were disputed by various poskim for centuries. There are still certain halachic issues that are waiting for a final resolution, an acceptance of one opinion by a convincing majority of scholars. And there are issues where the consensus has been that varying opinions are “correct” and one can follow any of those opinions “as the waters of the rivers flow.” The halachic world differs in view and assessments than the so-called real world that we live in. It therefore has an integrity and system all its own and it has been the prime rhythm of Jewish life throughout the ages. It will undoubtedly continue to do so in the future as well, always providing us with guidance, honesty, rigorous scholarship and the “right” answer.
Shabat shalom.
Berel Wein
