2,713. Imposing the Oath of Judges

Hilchos Shevuos 11:10

Having an oath spoken by the judges means that they tell the defendant something like, “We impose an oath on you by Hashem, the God of Israel...” or “by the One Whose Name is gracious that you don’t owe this person anything,” to which the defendant replies “amen.” Alternatively, the judges might say, “May person X be cursed to God...” or “cursed to the One Whose Name is gracious if he owes money to person Y and doesn’t admit his obligation,” to which the defendant replies “amen.” This is the aforementioned oath of judges.

Hilchos Shevuos 11:11

If judges impose an oath and the defendant isn’t holding some holy object, they have acted in error; the oath must be taken again while holding a Torah scroll. If the defendant was holding tefillin when they imposed the oath, he need not take the oath again because he held something Torah-like while taking the oath. If the judges imposed the oath with the defendant seated, he need not take the oath again.