Q&A: Precedent in Law and Jewish Law
Precedent in Law and Jewish Law
Question
Hello Rabbi,
Your view is well known that one can issue a halakhic ruling directly from the Talmud. Even so, there are legal systems according to which one should rule in accordance with the decisions issued by earlier judges. In your opinion, is there any logic to having Jewish law operate similarly as well? And if not, why not?
Best regards,
Answer
This is not a question of logic but of fact. In Jewish law, for things to work that way, a decision would have to be made by an authorized institution. As long as no such decision has been made, any halakhic decisor or judge may act in accordance with his own understanding. If there were a Sanhedrin that made such a decision, the situation would change.
Of course, even when one adheres to precedents in Jewish law, the range of possibilities is still very broad, and that does not impose very many additional constraints on the decisor. So this is a fairly hypothetical question.