Oral law is a rule or custom passed down through oral tradition, given legal weight in some circumstances. Many cultures and religions maintain oral laws, which are specific to social contexts and enforced by respected members of society. In Judaism, the oral law serves as a commentary on the Torah and is necessary to explain inconsistencies or omissions. Different sects of Judaism do not fully agree on the binding nature of oral law.
Generally, an oral law is a rule or custom that is passed down through oral tradition or communicated orally. In some circumstances, it is a habit or custom that is given prominence and legal weight. Other times, an oral law is an order or rule that is given orally and considered a legally valid law.
Many organizations, cultures and religions maintain a system of oral laws. For an oral law to be considered binding, it must first be publicly known. Any alleged violation of the law must be assessed by a judge and, if the law is found to be violated, it must be punished.
In many societies, oral traditions were the primary way of enforcing norms of behavior among an illiterate population. While these oral traditions may have been less specific than modern written laws, they were commonly accepted as a way of preserving customs and traditions. They have also provided procedures for resolving disputes and conflicts between members of the companies.
An oral law should not always be considered the equivalent of a written law that has not been recorded. In systems bound by oral law, rules are generally not abstract codes intended to be interpreted for their legal meaning. Instead, they are specific to a social context and meaningful only in certain situations. Often, these oral laws are only a part of the larger social rules, and the legal rules are not considered superior to other ethical and religious rules.
Unlike traditional written legal systems, oral laws are not necessarily enforced by formal judges or enacted by lawmakers. Often, the “judge” in such a scenario is a senior or respected member of society who is vested with the power to interpret and apply the laws in certain circumstances. Since the laws are based on customs and rituals handed down from generation to generation, the change of political powers and rulers does not have much effect on the laws governing the people.
In Judaism, the oral law consists of the teachings God gave to Moses on Mount Sinai along with the Torah, which is considered the written law. The oral law serves as a commentary on the Torah, explaining how the commandments are to be fulfilled. These rules were passed down orally through the generations and eventually recorded in the Mishnah and Talmud.
Oral law is considered necessary in most sects of Judaism to explain inconsistencies or omissions in the Torah. The text of the Torah glosses over some elements that would have been obvious to early Jewish communities, such as the rules relating to marriage. For a modern audience, oral law is needed to explain such matters. However, different sects of Judaism do not fully agree on the binding nature of oral law.
Protect your devices with Threat Protection by NordVPN
