Analysis and Pathology of non-written sources of Jewish jurisprudence and law

Document Type : Original Article

Author

Member of the Faculty of Religions Department of Imam Khomeini Educational and Research Institute

10.22111/jrm.2026.51456.1268

Abstract

Judaism is a religion with a broad Sharia and has set numerous frameworks in various areas of Jewish life. Now, given that the sources of jurisprudence used in the extraction, compilation and interpretation of these laws play a fundamental role in determining the frameworks, rules of religious behavior, limits, powers and duties of the people, it is necessary to examine: what the jurisprudential sources of this religion are and what status and prestige each one enjoys. The following article answers this question with a descriptive-analytical method and concludes through a detailed examination that the Midrash, Teqanah and Gezarah, Ma'aseh, Minhag, and Sevarah are non-written sources of Jewish jurisprudence. These sources, like written sources, have an important status and credibility in Jewish jurisprudence, However, although positive features such as diversity, flexibility, an effort to create a two-way relationship between tradition and rational and customary knowledge, and attention to balancing the preservation of fundamental principles and changing conditions are observed in the non-written sources of Jewish jurisprudence, the disadvantages, shortcomings, and incomplete approaches in some of them have created serious challenges in creating confidence in the output and product of their use, and the lack of reform in the way they are used can be a threat to the pure revealed law. And the balanced and accurate use of these sources, along with accepting the priority and the central and fundamental role of written sources, especially the Torah and the Talmud, can be effective in reducing these harms and problems.

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Articles in Press, Accepted Manuscript
Available Online from 30 May 2026
  • Receive Date: 17 March 2025
  • Revise Date: 19 August 2025
  • Accept Date: 28 January 2026