Responsa
Encyclopedia
Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.
recognised responsa prudentium, i.e. the responses and thoughts of jurists, as one of the sources of "Ius scriptum
" (written law), along with laws originating from magistrates, from the Senate or from the emperor.
A particularly well-known and highly influential example of such responsa was the Digesta (or Digests), in 90 books, principal work of the prominent Second Century jurist Salvius Julianus
. This was a systematic treatise on civil and praetorian law, cited by many later Roman legal writers, which has been described as “A comprehensive collection of responsa on real and hypothetical cases; in general, it followed the edictal system... With Iulianus, the Roman jurisprudence reached its apogee.”
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 Sacerdotalis and Responses to Certain Questions of the United States Conference of Catholic Bishops Concerning Artificial Nutrition and Hydration
, the Responsa are known as She'elot ve-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 thus 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
.
) is found in Islam
. The mufti
is a member of the Islamic scholarly class (ulamā
) 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 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 Shiaism, 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 Shia world. There are larger numbers of Shia 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 (Farsi) or "Epistle of Questions and Answers".
There is generally greater latitude for Shia 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).
In the Roman Empire
Roman lawRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
recognised responsa prudentium, i.e. the responses and thoughts of jurists, as one of the sources of "Ius scriptum
Ius scriptum
Ius scriptum is Latin for "written law". Ius scriptum was the body of statute laws made by the legislature. The laws were known as leges and plebiscita...
" (written law), along with laws originating from magistrates, from the Senate or from the emperor.
A particularly well-known and highly influential example of such responsa was the Digesta (or Digests), in 90 books, principal work of the prominent Second Century jurist Salvius Julianus
Salvius Julianus
Lucius Octavius Cornelius Publius Salvius Julianus Aemilianus , generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus [Iulianus], was a well known and respected jurist, public official, and politician who served in the Roman imperial state...
. This was a systematic treatise on civil and praetorian law, cited by many later Roman legal writers, which has been described as “A comprehensive collection of responsa on real and hypothetical cases; in general, it followed the edictal system... With Iulianus, the Roman jurisprudence reached its apogee.”
In the Roman Catholic Church
In the Roman Catholic Church, a responsum is an answer given by the Congregation for the Doctrine of the FaithCongregation for the Doctrine of the Faith
The Congregation for the Doctrine of the Faith , previously known as the Supreme Sacred Congregation of the Roman and Universal Inquisition , and after 1904 called the Supreme...
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 Sacerdotalis and Responses to Certain Questions of the United States Conference of Catholic Bishops Concerning Artificial Nutrition and Hydration
In Judaism
In rabbinic literatureRabbinic literature
Rabbinic literature, in its broadest sense, can mean the entire spectrum of rabbinic writings throughout Jewish history. However, the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writing, and thus corresponds with the Hebrew term...
, the Responsa are known as She'elot ve-Teshuvot (Hebrew
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
: שאלות ותשובות "questions and answers") and comprise the body of written decisions and rulings given by poskim
Posek
Posek 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....
("decisors of Jewish law").
Judaism's responsa constitute a special class of rabbinic literature
Rabbinic literature
Rabbinic literature, in its broadest sense, can mean the entire spectrum of rabbinic writings throughout Jewish history. However, the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writing, and thus corresponds with the Hebrew term...
, to be distinguished from the commentaries (meforshim)—devoted to the exegesis of the Hebrew Bible
Tanakh
The Tanakh is a name used in Judaism for the canon of the Hebrew Bible. The Tanakh is also known as the Masoretic Text or the Miqra. The name is an acronym formed from the initial Hebrew letters of the Masoretic Text's three traditional subdivisions: The Torah , Nevi'im and Ketuvim —hence...
, the Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
, the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
—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
History of Responsa
History of responsa in Judaism spans a period of 1,700 years. Responsa constitute a special class of rabbinic literature, differing in form, but not necessarily in content, from Rabbinic commentaries devoted to the exegesis of the Bible, the Mishnah, the Talmud, and halakha...
.
Responsa play a particularly important role in Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
. 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
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
, in that they are consulted by later decisors
Posek
Posek 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....
in their rulings; they are also, in turn, incorporated into subsequent codes. See Posek
Posek
Posek 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 sources and process of Halakha.
In addition to requests for Halakhic rulings
Posek
Posek 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....
, many of the questions addressed were theoretical in character, particularly amongst the earlier responsa. The responsa accordingly contain rulings on ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
, business ethics, the philosophy of religion
Philosophy of religion
Philosophy of religion is a branch of philosophy concerned with questions regarding religion, including the nature and existence of God, the examination of religious experience, analysis of religious language and texts, and the relationship of religion and science...
, astronomy
Astronomy
Astronomy is a natural science that deals with the study of celestial objects and phenomena that originate outside the atmosphere of Earth...
, mathematics
Mathematics
Mathematics is the study of quantity, space, structure, and change. Mathematicians seek out patterns and formulate new conjectures. Mathematicians resolve the truth or falsity of conjectures by mathematical proofs, which are arguments sufficient to convince other mathematicians of their validity...
, history
History
History is the discovery, collection, organization, and presentation of information about past events. History can also mean the period of time after writing was invented. Scholars who write about history are called historians...
, geography
Geography
Geography is the science that studies the lands, features, inhabitants, and phenomena of Earth. A literal translation would be "to describe or write about the Earth". The first person to use the word "geography" was Eratosthenes...
, as well as interpretations of passages in the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
, the Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
, the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
and the Midrash
Midrash
The Hebrew term Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible....
. Thus, while early Jewish literature
Rabbinic literature
Rabbinic literature, in its broadest sense, can mean the entire spectrum of rabbinic writings throughout Jewish history. However, the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writing, and thus corresponds with the Hebrew term...
has few historical works, many notes on the history of Judaism
Jewish history
Jewish history is the history of the Jews, their religion and culture, as it developed and interacted with other peoples, religions and cultures. Since Jewish history is over 4000 years long and includes hundreds of different populations, any treatment can only be provided in broad strokes...
have been introduced into the responsa.
Responsa thus contain valuable information about the culture
Culture
Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...
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
Minhag
Minhag is an accepted tradition or group of traditions in Judaism. A related concept, Nusach , refers to the traditional order and form of the prayers...
, expressions of joy and of sorrow, and recreations and even games. Older responsa are also important for readings and emendations of the Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
and the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
.
In Islam
A similar use of responsa (here called fatwāFatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
) is found in Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
. The mufti
Mufti
A mufti is a Sunni Islamic scholar who is an interpreter or expounder of Islamic law . In religious administrative terms, a mufti is roughly equivalent to a deacon to a Sunni population...
is a member of the Islamic scholarly class (ulamā
Ulama
-In Islam:* Ulema, also transliterated "ulama", a community of legal scholars of Islam and its laws . See:**Nahdlatul Ulama **Darul-uloom Nadwatul Ulama **Jamiatul Ulama Transvaal**Jamiat ul-Ulama -Other:...
) 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 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 Shiaism, fatwa is also used. There personal devotion to specific clergy is mandatory for believers. High-ranking members of the ulama
Ulama
-In Islam:* Ulema, also transliterated "ulama", a community of legal scholars of Islam and its laws . See:**Nahdlatul Ulama **Darul-uloom Nadwatul Ulama **Jamiatul Ulama Transvaal**Jamiat ul-Ulama -Other:...
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 Shia world. There are larger numbers of Shia 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 (Farsi) or "Epistle of Questions and Answers".
There is generally greater latitude for Shia 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
Desuetude
In law, desuetude is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete...
or "closing of the door" of ijtihad did not always apply).