Since the time of the Mishnah (2nd century CE), when a Jew had a question or an important problem, whether religious or otherwise, he would write to a rabbi of his choice, who would then respond in writing, basing his answer on quotations from the Bible, the Talmud, commentaries by the sages, or Jewish law codes. These questions and answers are called «Responsas.» Today, more than 9,000 volumes with over 300,000 responsas are known. No responsas are known from periods prior to the Mishnah, as it was customary at that time not to write down commentaries on the commandments of the Torah.

Essentially, the responsas addressed problems arising from new conditions, for which no direct answer could be found in the Talmud, the final authority on Jewish law. To answer them, the questioned rabbis tried to discover analogies in the Talmud or in legal codes, and occasionally even in the answers to other responsa.

The rabbis who answered the questions had not been appointed by any official body. They were considered qualified to answer simply when their colleagues considered them a reliable authority. Obviously, many of the topics sparked debate among the rabbis themselves.

In the yeshivot, there was a procedure for answering the questions. First, they were read and discussed in the full yeshiva, and at the conclusion of the debate, the scribe would write down what the yeshiva director dictated to him, and it would be signed by its senior members. Urgent questions were decided directly by the head of the yeshiva.

Since Judaism does not have a hierarchical structure, and there is no supreme authority recognized by all, in the Orthodox world, a responsa carries more or less weight depending on the prestige of the rabbi who wrote it. Conservative Judaism does have a special committee dedicated to studying these issues and defining a unified position through an edict, or takanah.

The responsa indirectly give us a portrait of what Judaism was like in each era and the issues that concerned them. In ancient times, these questions were not only religious in nature, but also medical and scientific ones. In the 15th century, people wondered whether a get, a divorce decree, was as valid in print as it was handwritten. In the 19th century, questions related to civil law and financial matters. In the 20th century, questions were about Zionism, the State of Israel, and issues arising from new technologies, such as turning on an electric light on Shabbat. In the 21st century, questions are about organ transplants, artificial insemination, etc.

The responsa are the mechanism that allows Judaism to stay current, providing answers to new situations. This keeps it young. So if you don’t know, it’s very good to ask.

By Marcos Gojman

Bibliography: Articles by Jay M. Harris, Rabbi Louis Jacobs, and other sources.