Starting with daf TB Shavuot 25 the Gemara fine tunes the definition of a shavua (שְׁבוּעָה), an oath. What’s the difference between a neder and a shavuah? A person makes a neder on an item or object. For example, a neder would be “this apple is forbidden to me as if it were a sacrifice.” A shavuah applies to the person. For example, a shavuah would be “I make an oath that I will not derive any benefit from my neighbor.”
Both Rav and Shmuel agree for a shavuah to be valid it has to work in a positive statement as well as a negative statement. For example of such a shavuah would be “I take an oath that I will go to the synagogue tomorrow.” “I make a shavuah that I won’t go to the synagogue tomorrow.”
Shmuel adds another criteria for a shavuah to be valid. It has to work both in the future tense as well as the past tense. For example, “I take a shavuah that I did not go to the synagogue yesterday.” “I take a shavuah they won’t go to the synagogue tomorrow.”
They disagree about taking an oath involving another
person. “With regard
to one who says: On my oath so-and-so threw a stone into the sea, or: On
my oath he did not throw it, Rav says: If it was later discovered
that what he said was false, he is liable to bring an offering for his
oath. And Shmuel says: He is exempt.”
(daf 25a, Sefaria.org translation) Shmuel
argues this is not a valid shavuah
because the one taking the oath has no control over what the person will do in
the future.
For a shavuah to take effect it has to be
verbalized. “Shmuel says: Even after one decided to take an oath,
he needs to express it with his lips for it to take effect, as
it is stated in the verse: “Or if anyone take an oath clearly with his
lips to do evil, or to do good” (Leviticus 5:4).” (daf 26b, Sefaria.org translation)
A shavuah only deals with things that are
optional and volitional. Making a shavuah
to observe a mitzvah or to annul a mitvah is an invalid shavuah. “The Sages taught in a baraita: One might
have thought that when one takes an oath to refrain from performing a
mitzva and he does not refrain, he would be liable to bring an offering for
an oath on an utterance. To counter this, the verse states: “To do evil, or
to do good” (Leviticus 5:4). Just as doing good is referring to an
oath about an optional action, so too, doing evil is referring to
an oath about an optional action. I will therefore exclude
from liability one who takes an oath to refrain from performing a
mitzva and does not refrain, so that he is exempt from bringing the
offering.” (Sefaria.org translation) For
example, one cannot make a valid shavuah
saying “I will eat matza on Passover” or “I won’t eat matza on Passover.
“The
baraita continues: One might have thought that when one takes
an oath to perform a mitzva and does not perform it, that he would be
liable. To counter this, the verse states: “To do evil, or to do good.”
Just as doing evil is referring to an oath about an optional action,
so too, doing good is referring to an oath about an optional
action. I will therefore exclude from liability one who takes
an oath to perform a mitzva and does not perform it, so that he is
exempt from bringing the offering.”
According to
TB Makkot 27a one may take an oath to harm himself! “One might have
thought that when one takes an oath to harm himself and he does not harm
himself, that he could be exempt from liability. The verse states: “To
do evil, or to do good.” Just as doing good is referring to an oath about an
optional action, so too, doing evil is referring to an oath about an
optional action. I include as liable one who takes an oath
to harm himself and does not harm himself, since it is his
prerogative to harm himself or not.” (Sefaria.org translation) Tosefot ד"ה אָבִיא נִשְׁבַּע לְהָרַע לְעַצְמוֹ cites the Gemara in TB Baba Batra 91b
to show that this is not a universal position. Rambam poskins “If a person took an oath to harm himself, e.g., he took an
oath to inflict injury upon himself, the oath takes effect even though he is
not allowed to do so. If he does not harm himself, he is liable for [not
fulfilling] a sh'vuat bitui.” (Mishneh Torah, Oaths 5:17)
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