2,670. Explaining the Consequences of an Oath

Hilchos Shevuos 6:10

Let’s say that someone takes an oath and doesn’t regret it, so he goes to court to fulfill his oath. If the judges see that permitting the oath will lead to a mitzvah, or to peace between husband and wife or between a man and his fellow, while fulfilling the oath will lead to sin or discord, then the judges encourage him to have his oath permitted. They explain the consequences of his oath to him until he regrets it. If he changes his mind because of this, his oath is permitted; if he doesn’t change his mind and remains firm, he must fulfill his oath.

Hilchos Shevuos 6:11

Examples of the previous halacha include if a man took an oath to divorce his wife, that Jews wouldn’t benefit from his possessions, or not to eat meat or drink wine for 30 days, and similar such things. The judges explain that if he divorces his wife, he’ll be doing his children a disservice because people will gossip, speculating as to why their mother was divorced. Also, if she marries someone else, then he won’t be able to change his mind and remarry her later. Similarly, they explain that an oath barring Jews from benefitting from his property is a bad idea. For example, ignoring someone in need would lead to him violating the obligation to support the needy. Likewise, an oath not to eat meat or drink wine for 30 days is a bad idea because a holiday will come along and this will nullify the joy of the holiday, as well as his enjoyment of Shabbos. If he says that had he known this, he never would have taken the oath, then his oath is permitted. If he acknowledges their words but stands firm and he says he wants his oath to endure, then it is not permitted.