1. Introduction
The advancement of generative artificial intelligence now enables use of automated tools for providing responsa and halachic rulings. This position paper deals with this technology’s use in the realm of halacha and focuses on the fundamental questions that touch upon the essence and significance of halachic ruling.
2. The Ethical and Halachic Dilemma
The technology of artificial intelligence is characterized by advanced capabilities of data processing, access to overarching data sets, and the ability to quickly consolidate and compare various halachic sources, etc. Therefore, thoughtful use of it has significant potential to advance Torah learning, provide access to halachic material, expand Torah knowledge amongst various populations, and analyze prior halachic rulings. Despite this, use of artificial intelligence to rule halacha brings forth fundamental challenges:
- The Institutional Perspective
According to what is written in the Torah, halachic ruling is given over to the High Court. In its absence, the authority was transferred to the rabbinic world. Jewish tradition determines that “it is not in the heavens”, and halachic decision making is according to the knowledge and intellect of its ruler, as man. In the words of the Ketzot HaChoshen: “for after Torah ruling was given to [man], if with their life experience and knowledge they would render one impure – it would be fitting for them to be impure, even though it is the opposite of true, for [halachic ruling] requires human intellect”. Artificial intelligence is not a part of humanity.
- The Significance of Halachic Ruling
Halachic ruling is a complex integration of Torah knowledge, understanding of reality, moral responsibility, human deliberation, and deep understanding of the human, social, and religious context of the case. Algorithmic systems are not able to contain all of these components and issue halacha.
- Blurring the Line Between Image and Essence
Responses given by artificial intelligence systems successfully imitate the writing style of rabbinic authority – in the structure, language, richness, and variety of quoted sources – however we are dealing with an external imitation alone, which does not reflect the partnership with the world of values, the consolidated, halachic perspective, and the foundation of religious responsibilities of the asker and responder, which are essential to halachic ruling.
- False Perceptions
True to the time that this paper is being written, AI systems tend to produce incorrect answers, imprecise quotes, referrals to irrelevant sources, and deceptive halachic rulings. These mistakes emerge from algorithmic skew and from incorrect and partial machine learning, and the user can encounter difficulty in identifying them. Even though perhaps in the future the precision of information and quality of learning will improve, at this current stage, the authoritative style that these responsa are presented in can create a false representation of reality – a penultimate concern in all matters of halachic ruling.
- Tailoring Halacha to Changing Realities (“Dimui Milta LeMilta”)
The basis of information from artificial intelligence systems is responsa from the past. The unique character of halacha is the integration between conservativism and continuity and deep awareness of the changing times and certain domains which are impacted as a result. Artificial intelligence does not have the power to be a partner in this dynamic process.
- Rabbinic Intuition
The tools of halachic ruling are not just logical and content based, but involve many additional factors, drawing from the broad world of the authority figure, from indirect sources, from methods of ruling that he received from his rabbis when he accompanied them, and in the Oral Tradition, and from inspiration that is not capable of putting into words. All of these are lacking in AI systems.
3. The Significance of These Characteristics on the Process of Halachic Ruling
- The Awe of Being a Guiding Force – The Responsibility of the Halachic Authority
A fundamental principle in the tradition of halachic ruling is the authority assuming personal responsibility of the asker. In order to do so, an interaction with no intermediary is required, as well as understanding the complexity of the question, the state of the asker, and consideration of the accompanying information that is beyond the text and official wording of the question. AI systems do not carry moral responsibility, are not part of the communal-social framework, and do not differentiate between halachic ruling and data analysis alone. Even though there are high intelligence systems that can engage in communication mirroring characteristics of a direct and human conversation, the true personal-human dimension does not exist for artificial systems.
- The Responsibility of the Individual in Halachic Ruling:
The responsibility to clarify halacha is placed upon the person who must be cautious not to act as one “who says everything is permissible”, and one must clarify the halacha through reliable and documented sources. Just like how the authority must have awe of being a guiding force, so too must the one asking the question commit to caution, humility, and honest investigation of the halacha. The reliance on AI as a substitute for Torah authority can lead to error and bias, even if the response is detailed with sources. Personal responsibility and the conscious choice of sources of information with halachic authority and commitment to the truth of Torah is thus necessary.
- Caution From Misrepresentation
The Torah unilaterally emphasizes the value of truth and uniquely cautions one against falsehood – “distance yourself from falsehood”. A technological body encouraging use of technology that creates a false perception of halachic authority or simulates a fake rabbinic discourse is acting out of geneivat da’at. Given the clear advantages to the accessibility of Torah knowledge and providing quick responses using AI, one should not us it and present it as a substitute for an authority of flesh and blood. One should ensure complete transparency regarding responsa sources and avoid creating a false impression of the strength and halachic status of the sources.
- Halachic Ruling as Part of the General Tapestry
Already at the first demonstration of halachic ruling – Moshe Rabbeinu explaining his behavior – the idea is emphasized that despite the fact that the purpose of the ruling is to address a focused question – the nation is coming to the authority “to seek out God”, in other words: the practical question is not the primary component alone, but seeing halacha as a continued expression of the divine. The relationship between the rabbi and the asker synthesizes a broader world than the focus on the prohibited and permitted alone. Even when dealing with the rabbi himself – learning under someone, camaraderie, etc. are an integral part of one’s spiritual world. Use of artificial intelligence for halachic ruling is devoid of all of these.
- The Benefit of Clear Boundaries
There is no fundamental reason to avoid using artificial intelligence systems as a support tool for Torah learning, as a tool to search for sources, to analyze and sort halachic content or present interpretational possibilities. However, it is imperative to provide a clear and sharp delineation between an advanced technological tool to whatever end and a halachic authoritative source. One should approach all content produced through AI systems as raw material which requires deep analysis and fundamental clarification with a qualified Torah sage before adopting it into practice. Our proposal is to approach artificial intelligence as a support tool “chavruta”, whose role is to provide possible understandings, to push oneself, to challenge existing positions, to analyze existing sources, etc. and this is in order to extract the good from its existence.
4. Principles in Use of AI Tools in Halachic Ruling
- A Support Tool
Technological systems based on artificial intelligence are another tool that stands before the rabbi or community, and proper, informed use of it can enable them to expand their knowledge and assess their course of action. We recommend to halachic authorities, rabbis, and community members to recognize the various tools and utilize them in order to be more precise and deepen one’s own study.
- The Prohibition of Reliance on Artificial Intelligence
The products of artificial intelligence are not halachic rulings – this determination is not dependent on time or algorithmic system execution.
- Transparency and Disclosure
All Torah and halachic content produced through artificial intelligence must include a clear and prominent declaration that stipulates we are dealing with a response created by a technological system, and one should not view it as a personal approach or reliable halachic ruling.
- The Differentiation Between Analysis, Study, and Ruling
The use of AI technology should be as a study and research tool alone, while verifying its product through Torah sages.
- Overarching Institutional Responsibility
One should promote clear regulation from an ethical, halachic, legal, and public standpoint, to obligate the bodies operating AI systems for public use to fulfill strict standards of disclosure and prevention of misrepresentation.
5. Summary and Conclusion
Despite the phenomenal capabilities of artificial intelligence in data processing, now and in the future, in the halachic and Torah context, one should approach them as a complementary support tool – and not as an independent halachic authority. The principles at the foundation of Jewish halacha, which are the commitment to truth and personal responsibility that is not transferrable, obligate a clear and sharp differentiation between advanced technological support and halachic ruling.Jewish society currently stands before a significant challenge – to lead ourselves to responsible, proper, and cautious use of these innovative digital tools, while maintaining strict observance of the fundamentals of the tradition of halachic ruling and the boundaries of halachic authority which are well defined in Jewish tradition.
