Saturday, 6 January 2018

Shevuot 39: Oaths of Partial Admission; Who Is Punished When One Swears Falsely

After yesterday's daf introduced a new Mishna, today we learn more about Shevuot haDayanim, the oaths of partial admissions.  We begin with the thoughts from a baraita:
  • Oaths of partial admission can be said in any language understood by the defendant
  • the defendant is told that the world shook when G-d told us not to take G-d's name in vain
  • Regarding falsifying this oath only, we are told that G-d will not cleanse/forgive (lo y'nakeh)
  • regarding falsifying this oath only, G-d punishes the transgressor and his family 
  • perhaps falsifying this oath leads to punishment of the entire world
  • perhaps the punishment is given immediately when all other sins might be postponed for two or three generations due to one's other meritorious behaviour
Proof texts are provided for each of these suggestions, of course.

The rabbis name some of the ways in which one might falsify an oath:
  • one who takes money to order others to swear
  • water and fire do not wear away the wood and rocks of one's house; false oaths do
  • when one says "I will pay and not swear", s/he is escorted out of the beit din immediately so that s/he does not change her mind and recant later
  • when administering the oath, he is told "You do not swear according to your own da'at, intent, rather according to the data of G-d and of the beit din
  • mitzvot refer to those given on Sinai and those given later ex. regarding Megilat Esther; others to be enacted by the Sages
  • our Mishna noted that the words said to a sota before she drinks, giving offerings, prayer, birkat hamazon, and a number of oaths can be made in any language
The rabbis consider the notion that one's family or even the entire world is punished when one swears falsely.  Would an entire family be punished with karet?  The rabbis note that there are a number of Torah verses describing how each of us is responsible and accountable for the actions of those around us.  They use these verses to suggest that the entire world will be punished when one person made a false oath.  This refers to those who could have protested but did not; not those who were unaware.  The rabbis consider the severity of punishment facing different parties in these situations from a perutah to a litre of gold.

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