Can a Woman Give a Psak Halacha?

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One of the remarkable traits of halacha is how it is applied to every aspect of our lives, on the personal, communal and global levels. Due to the dynamic nature of life and development, we will often be faced with halachic questions (sheilot) and sometimes will need to seek guidance and rulings from a competent halachic authority. The answers to our questions are called ‘psak halacha’, halachic ruling. In this article we will explain what psak is, and ask if, according to Jewish law, women may be poskot halacha.

Psak halacha is the ruling of a competent halachic authority on a question of halacha. Psak requires one to be able to analyze information and come to a halachic conclusion to a question. The conclusion will be based on the already established halachic authorities of the Rishonim, and also look at the specific context of that question. The hashkafic outlook of the authority may also play a role in what conclusion is reached. For example, how a woman should cover her hair will be answered based on the communally accepted rules of the specific community the woman hails from (for example, should she use a wig, headscarf or either), as well as addressing particular challenges she may have on a personal level.

Psak is also fundamental in addressing halachic concerns that arise from new questions that didn’t exist in prior times. For example, when IVF was invented, halachic authorities needed to analyze the potential halachic implications of the technique, and determine if, how and when it could be used to enable couples to have children. Case specific questions for each couple would also need to be addressed.

Regarding who is eligible to paskin (rule) halacha, there are numerous discussions in rabbinic literature which we do not have the space to go into here, but the Shulchan Aruch writes, “Every sage who has reached the status to teach and does not teach, behold, this one withholds Torah and puts stumbling blocks before the many…”¹. But does this statement apply to women who are Torah sages as well?

The question of women holding roles of halachic authority is a very controversial one in today’s society. We know that women are prohibited from being Dayanot, judges. We learn this from the fact that they are prohibited from being witnesses, and one who cannot be a witness can also not be a judge². But being a posek, or answering halachic questions, is not on the same level as being a judge. As we saw from the Shulchan Aruch, if one knows, is an expert, in something, one has an obligation to teach. The Sefer Hachinuch references a wise woman who is eligible to teach/instruct’ as someone who can answer questions³. The Pitchei Teshuva references the Sefer Hachinuch when he explains that though a woman may not serve as a judge, she may answer halachic questions, as Devorah the Prophetess did⁴. Basing his statement on the Pitchei Teshuva, Rav Yitzchak Herzog writes, “And behold we maintain that a woman is fit to issue halachic rulings… and they did not distinguish between rulings considered simple or difficult matters, or between biblical and rabbinic matters…”⁵.

However, as a woman is not permitted to be a dayan, a point of departure between her psak and that of a Rav’s, is that a woman may not force one to follow her ruling. The Meam Loez explains that in the case of Devorah, we see that the people came to her – she did not go out to them, traveling town to town as Shmuel did as she could not force her ruling⁶. But a testament to how renowned and respected her rulings were is that the people sought her out to ask her questions, and she answered them. If a person approaches a learned and God fearing woman for a psak, they have to accept that psak, just as if they approached a man for one.

Devorah is not the only precedent for female Torah sages. The Talmud tells us of Bruriah, the wife of Rabbi Meir, who was a well-known Torah scholar in her own right. The Talmud Bavli and the Tosefta even relate a case where Bruriah expressed her halachic opinion, and it was accepted by Rabbi Yehuda⁷. Another little known female teacher was Asnat Barzani of Mosul, Kurdistan, who took on the leadership of her father’s yeshiva after he died, by popular demand of her students. It is true that these women were the exception to the rule in their respective times, however, even before women began to study Torah the way we do nowadays, the Shaarei Teshuva points to the depth of expertise women relayed in halachic observance, when he writes that it was best to ask women questions about different types of bumps in the matza, which may or may not have been considered chametz, or spots in eggs that may or may not have been blood. They were recognized as experts in those fields of kashrut, and were more able to distinguish between what was and what was not permissible⁸.

Women, like men, have an obligation to know the halachot that affect their lives- the laws of kashrut, shabbat, and of course Hilchot Nidda, of which women are the primary guards. We see from all the above that it has been recognized that women can and have achieved halachic competency, and that where knowledgeable, they can be trusted to make aquarate halachic judgments.

The world of Torah learning and teaching for women has changed dramatically since the times of Devorah and Bruriah. Programs such as the Yoetzot Halacha of Rabbi (tz’l) and Rabbanit Henkin, and Morot Le Halacha of the Matan Institute, have been created to enable a very high level of competence for female Torah scholars. These programs recognize the halachic relevance and necessity of having women who are knowledgeable and trained to answer questions. Yes, halacha places limitations on how far a woman’s halachic authority may extend, but the overwhelming advancement in halachic knowledge and Torah study for women in general, and the option to receive a psak from a learned and competent woman, have created an important and extremely positive space for women striving to be ovdei Hashem.