2,716. The Warning Given Before an Oath
Hilchos Shevuos 11:16
A warning is delivered to one taking an oath as follows: He is told, “Be aware that the whole world trembled when Hashem commanded through Moshe, ‘Do not take the name of Hashem, your God, in vain,’ because regarding all other sins in the Torah, it says ‘He will cleanse’ but regarding this it says, ‘He will not cleanse one who takes His name in vain.’ Regarding all the other sins in the Torah, vengeance is taken from the offender, but regarding this, vengeance is taken from the offender and from his family who cover up for him. Furthermore, this causes vengeance to be taken from the entire Jewish people [euphemized as “the enemies of the Jews”] because all Jews are responsible for one another, as per Hoshea (4:2-3), ‘Swearing, denying, murdering.... therefore the land will mourn and all who inhabit it will waste away.’ Regarding all the other sins in the Torah, vengeance is suspended for two or three generations if the offender has merits, but regarding this, vengeance is taken immediately, as per Zechariah (5:4) ‘I have released (the curse) says Hashem the Lord of Hosts; it will enter the house of the thief and the house of one who falsely took an oath in My name.’ “I have released’ means it is imminent. ‘It will enter the house of the thief’ refers to deceitful people, namely one who doesn’t have money owed to him by another but he still files a claim against him, thereby obligating him in an oath. ‘One who falsely took an oath in My name’ means what it says. That verse continues, ‘(The curse) will destroy (the house), its wood and its stones.’ We see that things that can’t be destroyed by fire or water can be destroyed by false oaths.”
Hilchos Shevuos 11:17
The ideas of this warning are conveyed in a language that the one taking the oath understands so that he can grasp the matter. Hopefully, one who is lying will repent. If he refuses to take the oath, he is released and he must pay the claim against him. Similarly, if the plaintiff decides not to impose the oath, the defendant is absolved and the case dismissed.