Playback speed

Shevuos 4:13-5:1

Shevuos 4:13

If the litigant calls upon the witnesses by saying, “I adjure you,” “I order you” or “I obligate you,” then the witnesses are liable. If he says, “By Heaven and Earth,” they are exempt (because this is not a Name of God). If he said by the Shem Hashem (Adon-ai), by Yud-Hei, by the Almighty (Shakkai), by the Lord of Hosts (Tzevakos), by the Gracious and Merciful, by the One Who is long-suffering and of abundant kindness, or by any other substitute for the Name of God, then they are liable. If a person were to blaspheme using any of these substitutions, Rabbi Meir says he is liable and the Sages say he is exempt. If a person curses his father or mother using any of these substitutions, Rabbi Meir says he is liable and the Sages say he is exempt. If a person curses himself or another person using any of these substitutions, he violates a prohibition. If a litigant tells witnesses, “May God smite you” or “May God so smite you” (if they fail to testify for him), this is the oath referred to by the Torah. [The word “alah” means both an oath and a curse.] If the litigant says “May God not smite you,” “May He bless you” or “May He bestow goodness upon you” (in exchange for testifying), Rabbi Meir says the witnesses are liable and the Sages say they are exempt.

Shevuos 5:1

An oath denying possession of a deposit applies to men and women, to non-relatives and to relatives, to those who are qualified and those who are unqualified to testify, whether it was made in front of a court or not in front of a court, so long as the person made the oath on own. If others imposed the oath upon him, Rabbi Meir says that he is not liable until he denies possession in front of a court. The Sages say that whether a person made an oath on his own or had it imposed upon by others, he is liable once he denies possession. He is liable if he swore intentionally, or if he swore unintentionally but intentionally denied possession of the deposit. One is not, however, liable for unintentionally violating the oath (i.e., he thought he was swearing truthfully but he was mistaken). The penalty for intentionally violating such an oath is guilt offering (korban asham) worth two silver shekels.

Author: Rabbi Jack Abramowitz