27 Jun IS AN AI POSEK KOSHER?

I. AI as a Posek
Everyone is talking
about the implications
of artificial intelligence
(AI). While the current
version of AI frequently
gives laughably
incorrect answers, it
offers us a realistic idea of the possibility
of a coherent technology that can think and
reason independently. For Jews, one question
this raises is whether AI can answer halachic
questions. Let us consider the possibility of
an artificial intelligence that is trained on
the entire corpus of rabbinic literature. The
AI masters all of the primary texts and their
commentaries. It is trained to think and
reason like a rabbi with perfect recall. Can
any individual Jew looking to fulfill G-d’s
word ask an AI a halachic question and
follow its answer?
One approach to take is to argue that a
posek, a halachic authority, requires divine
assistance, siyata di-shmaya. G-d will help
a rabbi reach the appropriate conclusion
but will not assist an AI. Therefore, an AI
lacks the necessary siyata di-shmaya that a

rabbi has. But is this true? If the siyata di-
shmaya is for the rabbi’s sake, then an AI

has no merit to deserve it. But if the siyata

di-shmaya is for the questioner, why would
G-d not help the questioner via the AI? If the
rabbi is a divine vessel, why can’t the AI be
a divine vessel also?
Another approach is to compare AI to a
gentile. Of course, a gentile is different. He
is a child of G-d, created in the divine image.
However, the comparison still has value as a
kal va-chomer logical argument. If a gentile,
who is conscious and able to think and
reason, is unable to issue a halachic ruling,
then surely an AI is unable to do so. Yet,
where do we see that a gentile may not serve
as a posek? I am not aware of any text or
precedent that says so, although I welcome
any suggested texts. Absent a text, we need
a strong explanation of if and why a learned
gentile may not serve as a posek.
II. Two Types of Pesak?
In order to begin answering these
questions, we first need to distinguish
between two types of paskening, issuing
halachic rulings. The Gemara (Eruvin 62b)
says that a student may not issue a halachic
ruling in the presence of his mentor. Rav
Meir (Maharam) of Rothenburg (13th
cen., Germany) is quoted as distinguishing
between an original ruling and an
existing ruling found in books (Hagahos
Maimoniyos, Hilchos Talmud Torah 5:3). A

student may offer in his teacher’s presence a
halachic ruling that he found in a published
book because he is not really ruling. He is
just serving as a technical reference, offering
the knowledge that he has acquired through
his study. A halachic ruling is something
new, something that requires evaluation
and consideration. A halachic reference is
the regurgitation of information. A halachic
ruling is the creation of new information.
Significantly, this distinction is recorded in
Shulchan Aruch (Yoreh De’ah 242:9) and
explained by Shach (ad loc., 16). While
many dispute Shach’s explanation, Rav
Shmuel Wosner (21st cen., Israel) argues
that this idea applies to post-Talmudic codes
and responsa that are intended for practical
teachings (Shevet Ha-Levi 2:113).
With this distinction between a halachic
reference and a halachic ruling, we can
understand another law. The Gemara
(Avodah Zarah 7a) says that when one rabbi
rules on a specific case strictly, another rabbi
is not allowed to permit it. One approach to
this seemingly technical rule is that pesak,
halachic rulings, do not just teach the law.
A rabbi’s ruling creates a religious status in
the object under question. Is this chicken
kosher or non-kosher? When you ask your
rabbi, he defines the chicken’s status for
you. He has not just taught you the law
but determined what the law is for you.
A pesak is a religious act, not just a
technical reference.
III. Pesak as a Mitzvah
The Torah says regarding the priests:
“that you are to teach the Children of
Israel all the statutes” (Lev. 10:11). Rav
Yitzchak of Corbeil (13th cen., France;
Semak, 101) counts this as a mitzvah
on anyone capable of issuing a halachic
ruling (if no one else more capable is
available). Issuing a pesak is a mitzvah, a
religious obligation. While others include
this as part of the mitzvah to study and
teach Torah, Rav Yitzchak sees it as an
independent mitzvah. Either way, issuing
a halachic ruling is an act of religious
devotion. It is a fulfillment of a divine
command that allows the respondent to
enter the religious life of the questioner
and create for him a new halachic reality.
Is it any wonder, then, that a gentile
may not serve as a posek, a halachic
decisor? It is one thing to serve as a
halachic reference, to direct people to
existing rulings. Anyone who has studied
halachah can tell people what, for
example, Mishnah Berurah says about
a specific case. A computer can do this,
as well. A person is better than a regular
computer at understanding the nuances
of a question and offering the appropriate
reference source. An AI might be even
better at this than a person, with perfect

recall of a massive library. However, this is
just about referencing past rulings.
Issuing a new halachic ruling is not just
about providing a reference — it is a
religious activity. I suggest that only those
within the religious community, only those
who are part of the covenant and fulfill
commandments, can create a halachic reality
by issuing a ruling. A Jewish man, and also
a Jewish woman and even a Jewish child,
fulfill commandments and take part in the
halachic process as consumers. Therefore,
if qualified and in the right circumstances,
they may also take part in the other end of
the halachic process as producers. A Jewish
man, woman or child can serve as a posek
(which is different from serving as a rabbi,
as I discuss elsewhere). Someone outside
the halachic covenant cannot create a
halachic reality and therefore cannot serve
as a posek. This would prevent someone
from asking a gentile and, even moreso, an
AI for halachic rulings.
There is still room for AI in the halachic
process. An AI can serve the broader public
as a halachic reference for questions that have
already been answered, directing people
to the relevant texts and even providing
them source sheets. An AI can also serve
as a rabbi’s assistant, gathering relevant
sources and proposing different approaches
to answering a question. Ultimately, the
posek will evaluate all the relevant texts and
precedents, think through all the mitigating
circumstances and personal considerations,
weigh the halachic and meta-halachic issues
involved, and deliver a halachic ruling.