Tuesday 2 January 2018

Shevuot 35: Exemptions, Swearing & Cursing in G-d's Name

A new Mishna:

  • If a person says, "I impose an oath on you if you do not testify that one promised to give me 200 zuz, and his did not give it to me", the witnesses are exempt.  This is because even if the statement is true, it is not necessary for one to give the 200 zuz.    Thus one is liable only for a claim on money that is required to be paid, like a deposit.  
  • If one said, "I impose an oath on you that you will testify for me after you see testimony," They are exempt, for the oath preceded actually witnessing the testimony. 
  •  If one said in the beit hakneset, "I impose an oath on all of you that if you all know testimony for me you will testify" they are exempt because one did not specify the witnesses.  
  • If one said, "I impose an oath on you, x and y, that if you now testimony for me you will testify" and they swore that they do not know testimony but they had heard it from another witness or one of them was a relative/invalid witness, they are exempt.  
  • If the claimant sent his slave to ask the witnesses to testify or the defendant made them swear, they are exempt because they were not asked to testify.
The Gemara pieces through these examples of instances where witnesses are made exempt  because of the manner in which they were approached or because they are not kosher witnesses.  

The Gemara notes that if one swears on the name of Heaven and Earth, they are exempt, but swearing on any of the names of G-d makes one liable.  Likewise, cursing any of the names of G-d or one's parents makes one liable.  "I impose an oath on you" is reasonable,  similar to commands given in the Torah.  Likewise, the halachot surrounding curses are based on curses in the Torah.  

The Rabbis speak about the name of G-d and the nature of G-d.  Names of G-d are put into two categories: those that can be erased and those that cannot.  Kel, Elokim, Eloka, Elokeikem, Echye Asher Echyeh, Aleph-Dalet, Yud Kei, Shkai, and Tzeakot cannot be erased.  Ha Gaol, Ha Gibor, ha Nora, Ha Adir, Ha Chazak, Ha Amitz, Ha Izuz, Chanun and Oakum, Erech Apayim, Rav Chesed may all be erased.  The rabbis continue to debate which names of G-d are holy and which are not.  They call upon different stories in the Torah to demonstrate their 


A few interesting points that we learn from today's daf:

  • Rav Yehudah taught that hosting guests is greater than receiving the Divine Presence
  • Avraham interrupted speaking with G-d to host guests
  • we are commanded to curse and swear with G-d's name and not to curse or swear in G-d's name

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