The Perils of Pesak

If you’re reading this blog, odds are you’ve read something about Jewish Law. You might have seen one of the many codifications such as the Mishnah Torah or Shulhan Aruch. Perhaps you’ve come across a commentary on one of these codes, common ones being the Ramo or Mishnah Berurah. You may have even read published rabbinic teshuvot – responsa addressing specific questions – like Yehaveh Da’at by R. Ovadia Yosef or the Iggros Moshe by R. Moshe Feinstein. Contemporary publishers such as Feldheim or Artscroll compile popular positions of Jewish Law on selected topics. All these works contain Rabbis’ opinions, rulings, and occasionally reasonings for their halakhic decisions. In all of these works, the Rabbinic writers intend to shape Jewish practice – albeit to different degrees depending on the intended audience and the intended effect of their decisions.
If you’ve seen these types of sources, you’re also probably aware that for any given issue, there are multiple opinions. Considering all the halakhic debates, it’s hard enough deciding whom to follow, let alone making a decision for other people. Each posek has his own methodologies for reaching his conclusions, and to fully understand each one requires a complete and detailed study of their individual works. However, all “poskim” share similar challenges in publishing their works. One such challenge is distinguishing normative Jewish Law with statements of public policy.