After studying dafyomi for over five years, we are not surprised today the 39th daf out of 49 dappim actually discusses the topic of our massekhet, the actual mechanism of administering an oath. Because the person swears in God’s name, the judges want to impress upon the person the gravity of swearing falsely. Taking God’s name in vain is actually the third commandment of the 10 Commandments. The person stands while taking the oath. The judges want to intimidate the person swearing by having the person hold a Torah or any other only object while swearing and by spelling out consequences of lying. Better a person should not swear then swear falsely. If the person chooses to make the shavua. Him
“The
Sages taught
in a baraita: An oath imposed by the judges may also be recited
in its language, i.e., in any language spoken by the one taking the oath.
It is not required that the oath be in Hebrew.
Before he
takes the oath, the judges say to him: Be aware that the entire world
trembled when the Holy One, Blessed be He, said at Mount Sinai: “You
shall not take the name of the Lord, your God, in vain, for the Lord will
not hold guiltless one who takes His name in vain” (Exodus 20:7).
“And
be aware that with regard to all of the other transgressions in the
Torah it is stated: “And will…clear the guilty [venakkeh]” (Exodus
34:7); whereas here, with regard to taking a false oath, it is
stated: “Will not hold guiltless [lo yenakkeh].” And be aware that
with regard to all of the other transgressions in the Torah,
punishment is exacted only from the transgressor, whereas here,
punishment is exacted from him and from his family, as it is stated: “Do not
allow your mouth to bring your flesh into guilt” (Ecclesiastes 5:5). The
verse indicates that one who sins with his mouth, by taking a false oath,
causes his flesh to be punished as well; and one’s flesh is nothing other
than his relative, as it is stated: “And that you not hide yourself from your
own flesh” (Isaiah 58:7).
“And
be aware that with regard to all of the other transgressions in the
Torah, punishment is exacted only from the transgressor; whereas here,
punishment is exacted from him and from the entire world, as it is stated:
“Swearing, and lying, and murdering, and stealing, and committing adultery,
they break all bounds…Therefore, the land mourns, and everyone who dwells therein
languishes” (Hosea 4:2–3).
“The Gemara
suggests: And why not say that punishment is not exacted from the
entire world unless he commits all of the sins mentioned in the verse?
The Gemara answers: This should not enter your mind, as it is written:
“Because of swearing the land mourns” (Jeremiah 23:10), indicating that
taking a false oath is sufficient to cause the land to mourn. And it is
similarly written in the verse in Hosea: “Therefore, the land mourns,
and everyone who dwells therein languishes.” Both verses employ a term of
mourning.
“The baraita
continues with the judges’ forewarning: And be aware that with regard to
all the other transgressions in the Torah, if the transgressor has
merit, God suspends his punishment for two or three generations,
and only if his descendants follow in his ways are they punished. Whereas here,
punishment is exacted from him immediately, as it is stated: “This is the
curse that goes forth over the face of the whole land…I cause it to go
forth, says the Lord of hosts, and it shall enter into the house of the thief,
and into the house of he who swears falsely by My name; and it shall abide in
the midst of his house and shall consume it, with its timber and its stones”
(Zechariah 5:3–4).
“The baraita analyzes the
verse: “I cause it to go forth” means immediately. “And it shall
enter into the house of the thief”; this is referring to one who
deceives people, e.g., one who has no money in the possession of
another, but claims money from him and administers an oath to him in
court, thereby causing an oath to be taken in vain. “And into the house of
he who swears falsely by My name” is as it indicates, in accordance
with its straightforward meaning. From the end of the verse: “And it shall
abide in the midst of his house and shall consume it, with its timber and its
stones,” you have therefore learned that a false oath consumes things
that even fire and water do not consume, such as stones.” (Sefaria.org
translation)
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