Responsa (plural of Latinresponsum, 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars in historic religious law.
In the Roman Empire
Roman law 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.[1]
A particularly well-known and highly influential example of such responsa was the Digesta (or Digests), in 90 books, the principal work of the prominent second century jurist Salvius Julianus. This was a systematic treatise on civil and praetorian law, consisting of responsa on real and hypothetical cases, cited by many later Roman legal writers.[2]
In rabbinic literature, the responsa are known as She'elot u-Teshuvot (Hebrew: שאלות ותשובות "questions and answers"), and comprise the body of written decisions and rulings given by poskim ("deciders of Jewish law"). A modern term, used mainly for questions on the internet, is "Ask the rabbi".
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.
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, in a manner similar to legal precedent, in that they are consulted by later decisors (poskim) in their rulings; they are also, in turn, incorporated into subsequent codes.
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.
In Islam
A similar use of responsa (here called fatwā) is found in Islam.[3]
^"Roman law | Influence, Importance, Principles, & Facts | Britannica". www.britannica.com. Retrieved 2021-12-21. The chief forms of imperial legislation were edicts or proclamations; instructions to subordinates, especially provincial governors; written answers to officials or others who consulted the emperor; and decisions of the emperor sitting as a judge. The last type of written law was the responsa prudentium, or answers to legal questions given by learned lawyers to those who consulted them.
^"Salvius Iulianus" in Adolf Berger, Encyclopedic Dictionary of Roman Law, American Philosophical Society, 1953, p. 552
^"[no title]"(PDF). Notitiae. 5: 323. 1969. Solutiones quae proponuntur non induunt vestem officialem, sed habent valorem orientativum: solutiones 'ex officio' publici iuris fient in Acta Apostolicae Sedis{{cite journal}}: Cite uses generic title (help)
^"Responsa ad dubia proposita"(PDF). Notitiae. 33: 138. 1997. Licet solutiones quae proponuntur potestatem legislativam non habeant, induunt tamen vestem officialem quia actuale magisterium et praxim huius Congregationis exprimunt