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Claiming the Halachic Tradition: Rabbi Mark Washofsky on ‘Reading Reform Responsa’

Rabbi Mark Washofsky, PhD, shares an excerpt from the preface to his book, ‘Reading Reform Responsa: Jewish Tradition, Reform Rabbis, and Today’s Issues’

Rabbi Mark Washofsky, PhD, is the author of Reading Reform Responsa: Jewish Tradition, Reform Rabbis, and Today’s Issues, now available from CCAR Press. In this excerpt from the preface, he explains the book’s structure and introduces his argument for why responsa—and the halachah they reference—are essential to Reform Jewish life.

I want to invite you to join me in reading some of the most fascinating texts that rabbis have ever written. They are responsa, answers to questions about Jewish religious practice submitted to them by individuals and communities. More specifically, they are Reform responsa, composed by Reform rabbis for an audience of progressive Jewish readers.

Fascinating? Okay, I’ll admit it: I’m prejudiced. Much of my academic career as a student of the literature of Jewish law (halachah) has involved the study of the genre known as rabbinical responsa (sh’eilot ut’shuvot, “questions and answers”), documents dating from the eighth century CE to our own day. And as a member of the Responsa Committee of the Central Conference of American Rabbis from 1985 to 2017, I have taken part in composing many Reform responsa. I have lived for decades with responsa as both a reader and a writer, so it’s little wonder that I’m partial to them. Nor should it be surprising that I want you to share my enthusiasm… which goes a long way toward explaining the existence of this book.

But why should you share my enthusiasm? That’s a big question, too big for this preface. Think of the book itself as an extended answer. The introduction explains what responsa are and their significance in the history of Judaism. It discusses the nature and history of the genre in general and of Reform responsa in particular. And it offers suggestions as to why Reform rabbis write responsa, why those responsa legitimately claim importance, and why they deserve to be read carefully and critically. The chapters that follow guide us through the reading of Reform responsa on ten subjects that I hope you will find interesting and that provide good examples of how these texts work and how they seek to accomplish the goals that their authors set for them. In the conclusion, I make some inferences and observations about the role that responsa play in Reform Jewish thought and life.

What I can and should do in this preface is to name some of the convictions that have brought me to write this book and that will no doubt be evident throughout its pages. First, responsa are an essential literary tool—maybe the most important such tool—through which rabbis (including Reform rabbis) create Torah and create community. Responsa create Torah because they answer new questions, those that the existing texts of halachah do not explicitly address, or hard questions, which the texts do not resolve in any clear and agreed upon way. Responsa create community because they are essays in persuasion. Responsa writers do more than simply declare their decisions. They argue for those decisions, with the goal of persuading their intended readers to adopt that argument as their own, to form a community around this particular understanding of the message of Torah on the question at hand. Second, Reform responsa resemble traditional responsa in that they are halachic texts, drawing their support from the literature of the Jewish legal tradition. The very existence of a genre called “Reform responsa,” by far the largest body of writing on issues of Reform religious practice, demonstrates the continuing relevance of halachah to Reform Jewish life. And third, Reform responsa differ from traditional responsa. Written by Reform rabbis and speaking to an audience of Reform Jews, they embody a uniquely Reform Jewish discourse, our own way of understanding the halachic tradition and of making meaning within our community. Reform responsa assert our own claim upon the halachic tradition, our refusal to grant to others the exclusive right to interpret that tradition and to say what it means.

Order Reading Reform Responsa here.


Rabbi Mark Washofsky, PhD, is an emeritus professor of Jewish Law and Practice at Hebrew Union College–Jewish Institute of Religion in Cincinnati. He served as chair of the Responsa Committee of the Central Conference of American Rabbis from 1996 to 2017. He is currently the chair of the Solomon B. Freehof Institute of Progressive Halakhah. His publications include Jewish Living: A Guide to Contemporary Reform PracticeReform Responsa for the Twenty-First Century (CCAR Press, 2010), and Reading Reform Responsa: Jewish Tradition, Reform Rabbis, and Today’s Issues (CCAR Press, 2024).

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