swearing

And if a soul sin, and hear the voice of swearing, and is a witness, whether he hath seen or known of it; if he do not utter it, then he shall bear his iniquity.

For the land is full of adulterers; for because of swearing the land mourneth; the pleasant places of the wilderness are dried up, and their course is evil, and their force is not right.

By swearing, and lying, and killing, and stealing, and committing adultery, they break out, and blood toucheth blood.

They have spoken words, swearing falsely in making a covenant: thus judgment springeth up as hemlock in the furrows of the field.

Accustom not thy mouth to swearing; neither use thyself to the naming of the Holy One.

A man that useth much swearing shall be filled with iniquity, and the plague shall never depart from his house: if he shall offend, his sin shall be upon him: and if he acknowledge not his sin, he maketh a double offence: and if he swear in vain, he shall not be innocent, but his house shall be full of calamities.

Use not thy mouth to intemperate swearing, for therein is the word of sin.

And then Esau answered and said unto him, 'Neither the children of men nor the beasts of the earth have any oath of righteousness which in swearing they have sworn (an oath valid) for ever; but every day they devise evil one against another, and how each may slay his adversary and foe.

Then Adam said to Eve, "If thou sawest what I did, tell it not; for I sinned against God n swearing by His great name, and I have placed my hand another time into that of Satan." Eve, then, held her peace, as Adam told her.

But if he deny it, do not get into a passion with him, lest catching the poison from thee he take to swearing and so thou sin doubly.

THAT THE DEACON OUGHT TO DO NOTHING EXCEPT BY PERMISSION OF THE BISHOP. Even as the Son is the good pleasure of the Father, and His angel of counsel and His prophet, in like manner is the deacon the messenger and prophet of the bishop. [ii., 31.] Wherefore it is not right that he should do anything without the counsel of the bishop. And if he give in secret to one that is destitute without the knowledge of the bishop, he causeth reproach, and imputeth (unto him) neglect and sloth as touching the poor, and needy, and afflicted. And he that speaketh evil against the bishop, or doeth (him) wrong, hath sinned against God, not understanding that which is said, “Thou shalt not speak evil against the ruler of thy people.” For this law was not ordained concerning stones and trees which the Gentiles worship, but rather with respect to priests and wise men. For to these He said, “Ye are gods, and all of you sons of the Most High.” [ii., 32.] Understand then, O deacon, if thou seest a destitute man, and he be ashamed to beg, speak concerning him to the bishop, and reveal not his poverty to another, nor speak of it, lest he be ashamed and murmur. But if thou revealest his secrets, thou shalt bring sorrow on thy brother, and for his sake the Lord will be wroth with thee. “And He said unto them, Wherefore were ye not afraid to speak evil against my servant Moses? And the anger of the wrath of the Lord came (upon them). And Moses said unto those that murmured against him, And we, what are we? and this your murmuring—it is not against me that ye murmur, (but) against the Creator.” And if there be anyone that saith to a layman, Thou fool, he shall be condemned, for he hath blasphemed against the name of Christ. And if this be so, much more then shall those (be condemned) that blaspheme against the bishop. For when he stretcheth forth his hands, the Holy Spirit cometh down; and by him ye are taught the spiritual commandment, and know God, and have believed in Christ, by whom ye are saved by the oil of gladness and the holy chrism, and are made the sons of light. For when the bishop layeth his hand upon you in holy baptism, the Lord sendeth His holy Word upon you, saying, “Ye are my sons, and I to-day have begotten you.” [ii., 33-] Understand, then, O man, that by the prayer of the bishop thou art called a son of God. Now also know that which was granted unto thee; and love him that hath loved thee, and called thee to this glory and honour. Revere the bishop who is under God a father unto thee. For ye have heard the word which saith concerning those who begat you according to the flesh, “Honour thy father and thy mother, and for this thou shalt find good"; and, “he that speaketh an evil word against his father or his mother, let him die the death.” And if this be so, how then is it that ye do not magnify and honour those who have begotten you again with water and the Holy Spirit, and have fed you with spiritual milk, and nurtured you with the word of admonition, and strengthened you by the eucharist, and made you meet to receive the holy Body and the precious Blood of our Lord and Saviour Jesus Christ? These are they who have loosed you from the bond of sin, and made you partakers of the holy eucharist, and of the love of God, that ye may be partakers of the inheritance and joint-heirs with His Son. Fear them, then, and honour them in every thing, for they have been granted life from God, that they may give judgment against them that have sinned, and save them from the fire of Gehenna, and pardon them that turn from their sins. (ii., 34-] These then you ought to fear as chiefs and rulers; and obey them as kings, and receive them into your houses. Even as Samuel the prophet commanded the people concerning the king in the first Book of Kings, and Moses also commanded concerning the priests, we in like manner command you concerning the bishops, that ye give them their due, even as is appointed. For of old Moses and Elijah and Samuel commanded the people to honour kings and priests, who do service in matters of this world; and if this be so, much more is it meet that you should give their due and their maintenance to bishops and priests who watch and do service on your behalf, and are your guides unto the Kingdom of heaven. And if of old kings raised armies to fight and war, that they might guard and save men’s bodies, how much more are they (worthy of honour) who have received from God the office of the priesthood, (and) who preserve soul and body from condemnation. [For the soul is of more account than the body, and the priestly office is of more account than the kingly, for this is the office which bindeth those that deserve condemnation, and looseth those that seek for healing. Wherefore it is right that ye should honour and love the bishop as a father, and fear him as a king, and trust in him as (in) God. Bring unto him your gifts, both the fruits of your ground, and the labour of your hands, and your first-fruits, and your presents, and your vows; even the first-fruits of your wheat and wine and oil and wool. And for this shall he pronounce a blessing upon you, that your oblation may be acceptable and well-pleasing as incense, even a sweet savour before the Lord your God; and that the Lord may bless the work of your hands, and multiply the good fruits of your land. For the blessing of the Lord is upon the heads of the righteous who shew mercy. [ii., 35.] Behold now, know ye that the Lord hath freed us from the curse of the Law, and brought us back to life, when we were scattered abroad and lost as sheep without a shepherd, and as the beasts that cannot speak. He hath turned us from our sins, and cleansed us from our iniquities, and commanded us to bring our sacrifices to the priests, and to give alms to the poor who have nothing. For our Lord saith in the Gospel, “Unless ye abound more than the Scribes and Pharisees in doing righteousness ye cannot enter into the Kingdom of heaven.” (This will ye do) if ye take care to give to the priests and the widows and the orphans; even as it is written, saying, ‘He hath dispersed abroad and hath given to the poor, and his righteousness remaineth for ever,” for by righteousness and uprightness and mercy sin is pardoned.”! For a pure and blessed soul pleaseth God. Do, then, righteousness thus as the Lord hath commanded; give to the priests as it befitteth, the first-fruits of thy winepress and thy threshing-floor, for they have authority to give to all the destitute, and power over every matter of the Church. Strive not, then, against the bishops in anything that they do, saying, When did he do it or, To whom hath he given or, When did he spend it or, Whither did he send it? (Nor discuss) whether he hath done good or evil, or acted justly or unjustly, for the Lord God will require it of them, who hath given them the office of the priesthood, and granted unto them the greater degree. (ii., 36.] But do thou set the fear of God before thine eyes, and remember at all times the word that saith, “Love the One Lord, thy God with all thy heart and with all thy strength,” and follow not the way which leadeth unto (false) gods, nor anything like thereto that have no life in them, nor the doctrine of devils, and other creatures ( ) which Christ has not commanded. But seek thou to read the Scriptures which are the law of the Lord thy God, and cease not to read His Scriptures at all times. And remove from thee all evil that opposeth itself, which is not commanded in the law, (even) mocking and anger. But honour thy father and thy mother who begat thee according to the flesh, and love thy neighbour as thyself, and shew mercy to the poor, and keep far from false swearing wherein is no profit. But keep not far from the Church of Christ; resort thither early at all times, and worship humbly with the lowly, who sleep not night or day, giving thanks to God for the life that He hath bestowed upon them. Live by (thy) labour, the work of thy hands, and offer unto the Lord of what thou hast according to thy power; and be a friend of the poor, and gain the Kingdom of heaven, where is no moth nor rust, neither doth the thief find it. And if thou desirest to save thyself, strive not in judgment with the bishop, nor with a layman, thy brother, nor with thy fellow wrongfully. And if thou strivest in judgment with him wrongfully, thou hast drawn on thyself transgression and sin, none constraining thee. For judgment hath been given to the priests, and not to the layman. For the Lord saith (to them) “Judge in righteousness and uprightness ’’; and, “Be of understanding and judge the great ones of the people, each one of them. But to you it is not permitted to judge any man. For it is said to those that have not the office of the priesthood, “Judge not, for your judgment shall not be acceptable.” ii., 37.) But let the bishop judge in uprightness, even as it is written, saying, “Judge the poor and the orphan, do justice to the oppressed and the needy, and save the desolate and destitute.” And moreover it is said, “Wherefore judge ye not amongst you in uprightness, ’’

Concerning him who commits fornication or swears falsely or steals. A bishop or an elder or a deacon who is discovered in fornication or in swearing falsely or in theft, shall be deposed, but shall not be expelled. For God says that he does not punish twice for one crime.

Have before your eyes the fear of God, and always remember the ten commandments of God — to love the one and only Lord God with all your strength; to give no heed to idols, or any other beings, as being lifeless gods, or irrational beings or dæmons. Consider the manifold workmanship of God, which received its beginning through Christ. You shall observe the Sabbath, on account of Him who ceased from His work of creation, but ceased not from His work of providence: it is a rest for meditation of the law, not for idleness of the hands. Reject every unlawful lust, everything destructive to men, and all anger. Honour your parents, as the authors of your being. Love your neighbour as yourself. Communicate the necessaries of life to the needy. Avoid swearing falsely, and swearing often, and in vain; for you shall not be held guiltless. Do not appear before the priests empty, and offer your free-will offerings continually. Moreover, do not leave the church of Christ; but go there in the morning before all your work, and again meet there in the evening, to return thanks to God that He has preserved your life. Be diligent, and constant, and laborious in your calling. Offer to the Lord your free-will offerings; for says He, Honour the Lord with the fruit of your honest labours. If you are not able to cast anything considerable into the Corban, yet at least bestow upon the strangers one, or two, or five mites. Lay up to yourself heavenly treasure, which neither the moth nor thieves can destroy. And in doing this, do not judge your bishop, or any of your neighbours among the laity; for if you judge your brother, you become a judge, without being constituted such by anybody, for the priests are only entrusted with the power of judging. For to them it is said, Judge righteous judgment; and again Approve yourselves to be exact money-changers. For to you this is not entrusted; for, on the contrary, it is said to those who are not of the dignity of magistrates or ministers: Judge not, and you shall not be judged.

Have before your eyes the fear of God, and always remember the ten commandments of God — to love the one and only Lord God with all your strength; to give no heed to idols, or any other beings, as being lifeless gods, or irrational beings or dæmons. Consider the manifold workmanship of God, which received its beginning through Christ. You shall observe the Sabbath, on account of Him who ceased from His work of creation, but ceased not from His work of providence: it is a rest for meditation of the law, not for idleness of the hands. Reject every unlawful lust, everything destructive to men, and all anger. Honour your parents, as the authors of your being. Love your neighbour as yourself. Communicate the necessaries of life to the needy. Avoid swearing falsely, and swearing often, and in vain; for you shall not be held guiltless. Do not appear before the priests empty, and offer your free-will offerings continually. Moreover, do not leave the church of Christ; but go there in the morning before all your work, and again meet there in the evening, to return thanks to God that He has preserved your life. Be diligent, and constant, and laborious in your calling. Offer to the Lord your free-will offerings; for says He, Honour the Lord with the fruit of your honest labours. If you are not able to cast anything considerable into the Corban, yet at least bestow upon the strangers one, or two, or five mites. Lay up to yourself heavenly treasure, which neither the moth nor thieves can destroy. And in doing this, do not judge your bishop, or any of your neighbours among the laity; for if you judge your brother, you become a judge, without being constituted such by anybody, for the priests are only entrusted with the power of judging. For to them it is said, Judge righteous judgment; and again Approve yourselves to be exact money-changers. For to you this is not entrusted; for, on the contrary, it is said to those who are not of the dignity of magistrates or ministers: Judge not, and you shall not be judged.

For He did not take away the law of nature, but confirmed it. For He that said in the law, The Lord your God is one Lord; the same says in the Gospel, That they might know You, the only true God. And He that said, You shall love your neighbour as yourself, says in the Gospel, renewing the same precept, A new commandment I give unto you, that you love one another. He who then forbade murder, does now forbid causeless anger. He that forbade adultery, does now forbid all unlawful lust. He that forbade stealing, now pronounces him most happy who supplies those that are in want out of his own labours. He that forbade hatred, now pronounces him blessed that loves his enemies. He that forbade revenge, now commands long-suffering; not as if just revenge were an unrighteous thing, but because long-suffering is more excellent. Nor did He make laws to root out our natural passions, but only to forbid the excess of them. He who had commanded to honour our parents, was Himself subject to them. He who had commanded to keep the Sabbath, by resting thereon for the sake of meditating on the laws, has now commanded us to consider of the law of creation, and of providence every day, and to return thanks to God. He abrogated circumcision when He had Himself fulfilled it. For He it was to whom the inheritance was reserved, who was the expectation of the nations. He who made a law for swearing rightly, and forbade perjury, has now charged us not to swear at all. He has in several ways changed baptism, sacrifice, the priesthood, and the divine service, which was confined to one place: for instead of daily baptisms, He has given only one, which is that into His death. Instead of one tribe, He has appointed that out of every nation the best should be ordained for the priesthood; and that not their bodies should be examined for blemishes, but their religion and their lives. Instead of a bloody sacrifice, He has appointed that reasonable and unbloody mystical one of His body and blood, which is performed to represent the death of the Lord by symbols. Instead of the divine service confined to one place, He has commanded and appointed that He should be glorified from sunrising to sunsetting in every place of His dominion. He did not therefore take away the law from us, but the bonds. For concerning the law Moses says: You shall meditate on the word which I command you, sitting in your house, and rising up, and walking in the way. And David says: His delight is in the law of the Lord, and in His law will he meditate day and night. For everywhere would he have us subject to His laws, but not transgressors of them. For says He: Blessed are the undefiled in the way, who walk in the law of the Lord. Blessed are they that search out His testimonies; with their whole heart shall they seek Him. And again: Blessed are we, O Israel, because those things that are pleasing to God are known to us. And the Lord says: If you know these things, happy are you if you do them.

And he taught them everything that God hated--pride, boastfulness of speech, self-adulation, calumniation, false accusation, and the swearing of false oaths.

And he said unto her, "If thou wouldst make me swear, swear thou to me, for a swearing is meet for both [of us], so that neither of us may be unjustly treated.

But what God hateth is, augury by birds, and idolatry, and enquiry of witches, and divination, and magic, and flies, and `akarino, the animal that hath been torn, and the dead body of a beast, and theft, and oppression, and fornication, and envy, fraud, drink and drunkenness, false swearing [against] neighbours, and the bearing of false testimony [against] neighbours.

And truly, as for other things, they do nothing but according to the injunctions of their curators; only these two things are done among them at everyone's own free-will, which are to assist those that want it, and to show mercy; for they are permitted of their own accord to afford succor to such as deserve it, when they stand in need of it, and to bestow food on those that are in distress; but they cannot give any thing to their kindred without the curators. They dispense their anger after a just manner, and restrain their passion. They are eminent for fidelity, and are the ministers of peace; whatsoever they say also is firmer than an oath; but swearing is avoided by them, and they esteem it worse than perjury for they say that he who cannot be believed without [swearing by] God is already condemned. They also take great pains in studying the writings of the ancients, and choose out of them what is most for the advantage of their soul and body; and they inquire after such roots and medicinal stones as may cure their distempers.

And truly, as for other things, they do nothing but according to the injunctions of their curators; only these two things are done among them at everyone's own free-will, which are to assist those that want it, and to show mercy; for they are permitted of their own accord to afford succor to such as deserve it, when they stand in need of it, and to bestow food on those that are in distress; but they cannot give any thing to their kindred without the curators. They dispense their anger after a just manner, and restrain their passion. They are eminent for fidelity, and are the ministers of peace; whatsoever they say also is firmer than an oath; but swearing is avoided by them, and they esteem it worse than perjury for they say that he who cannot be believed without [swearing by] God is already condemned. They also take great pains in studying the writings of the ancients, and choose out of them what is most for the advantage of their soul and body; and they inquire after such roots and medicinal stones as may cure their distempers.

As Celsus, however, is of opinion that it matters nothing whether the highest being be called Jupiter, or Zen, or Adonai, or Sabaoth, or Ammoun (as the Egyptians term him), or Pappæus (as the Scythians entitle him), let us discuss the point for a little, reminding the reader at the same time of what has been said above upon this question, when the language of Celsus led us to consider the subject. And now we maintain that the nature of names is not, as Aristotle supposes, an enactment of those who impose them. For the languages which are prevalent among men do not derive their origin from men, as is evident to those who are able to ascertain the nature of the charms which are appropriated by the inventors of the languages differently, according to the various tongues, and to the varying pronunciations of the names, on which we have spoken briefly in the preceding pages, remarking that when those names which in a certain language were possessed of a natural power were translated into another, they were no longer able to accomplish what they did before when uttered in their native tongues. And the same peculiarity is found to apply to men; for if we were to translate the name of one who was called from his birth by a certain appellation in the Greek language into the Egyptian or Roman, or any other tongue, we could not make him do or suffer the same things which he would have done or suffered under the appellation first bestowed upon him. Nay, even if we translated into the Greek language the name of an individual who had been originally invoked in the Roman tongue, we could not produce the result which the incantation professed itself capable of accomplishing had it preserved the name first conferred upon him. And if these statements are true when spoken of the names of men, what are we to think of those which are transferred, for any cause whatever, to the Deity? For example, something is transferred from the name Abraham when translated into Greek, and something is signified by that of Isaac, and also by that of Jacob; and accordingly, if any one, either in an invocation or in swearing an oath, were to use the expression, “the God of Abraham,” and “the God of Isaac,” and “the God of Jacob,” he would produce certain effects, either owing to the nature of these names or to their powers, since even demons are vanquished and become submissive to him who pronounces these names; whereas if we say, “the god of the chosen father of the echo, and the god of laughter, and the god of him who strikes with the heel,” the mention of the name is attended with no result, as is the case with other names possessed of no power. And in the same way, if we translate the word “Israel” into Greek or any other language, we shall produce no result; but if we retain it as it is, and join it to those expressions to which such as are skilled in these matters think it ought to be united, there would then follow some result from the pronunciation of the word which would accord with the professions of those who employ such invocations. And we may say the same also of the pronunciation of “Sabaoth,” a word which is frequently employed in incantations; for if we translate the term into “Lord of hosts,” or “Lord of armies,” or “Almighty” (different acceptations of it having been proposed by the interpreters), we shall accomplish nothing; whereas if we retain the original pronunciation, we shall, as those who are skilled in such matters maintain, produce some effect. And the same observation holds good of Adonai. If, then, neither “Sabaoth” nor “Adonai,” when rendered into what appears to be their meaning in the Greek tongue, can accomplish anything, how much less would be the result among those who regard it as a matter of indifference whether the highest being be called Jupiter, or Zen, or Adonai, or Sabaoth!

And he who extendeth his hand in swearing, also doth the same if he swear by the thirteen dispositions of the beard: these are in Arikh Anpin, or Macroprosopus.

And Seth became the governor of the children of his people, and he ruled them in purity and holiness. And because of their purity they received the name, which is the best of all names, and were called “ the sons of God,” they and their wives and their sons. Thus they lived in that mountain in all purity and holiness and in the fear of God. And they went up on the skirts of [the mountain] of Paradise, and they became praisers and glorifiers of God in the place of that host of devils who fell from heaven. There they dwelt in peace and happiness: there was nothing about which they needed to feel anxiety, they had nothing to weary or trouble them, and they had nothing to do except to praise and glorify God, with the angels. For they heard continually the voices of the angels who were singing praises in Paradise, which was situated at no great height above them—in fact, only about thirty spans—according to the measure of the spirit. They suffered neither toil nor fatigue, they had neither seed [time] nor harvest, but they fed themselves with the delectable fruits of glorious trees of all kinds, and they enjoyed the sweet scent and perfume of the breezes which were wafted forth to them from Paradise. [Thus lived] those holy men, who were indeed holy, and their wives were pure, and their sons were virtuous, and their daughters were chaste and undefiled. In them there was no rebellious thought, no envy, no anger, no enmity. In their wives and daughters there was no impure longing, and neither lasciviousness, nor cursing, nor lying was heard among them. The only oath which they used in swearing was, “ By the blood of Abel.’”’ And they, and their wives, and their children used to rise up early in the morning, and go up to the top of that holy mountain, and worship there before God. And they were blessed by the body of Adam their father, and they lifted up their eyes to Paradise, and praised God; and thus they did all the days of their life.

If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt!

If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt!

Rabbi Ishmael his son said: he who refrains himself from judgment, rids himself of enmity, robbery and false swearing; But he whose heart is presumptuous in giving a judicial decision, is foolish, wicked and arrogant.

Wild beasts come to the world for swearing in vain, and for the profanation of the Name. Exile comes to the world for idolatry, for sexual sins and for bloodshed, and for [transgressing the commandment of] the [year of the] release of the land. At four times pestilence increases: in the fourth year, in the seventh year and at the conclusion of the seventh year, and at the conclusion of the Feast [of Tabernacles] in every year. In the fourth year, on account of the tithe of the poor which is due in the third year. In the seventh year, on account of the tithe of the poor which is due in the sixth year; At the conclusion of the seventh year, on account of the produce of the seventh year; And at the conclusion of the Feast [of Tabernacles] in every year, for robbing the gifts to the poor.

MISHNAH: One blows the shofar because of any danger which menaces the public except an overabundance of rain. It happened that they said to Onias the circle-drawer, pray for rain. He said to them, go and shelter the Passover ovens so they should not get softened. He prayed but no rain fell. What did he do? He drew a circle, stood inside it, and said: Master of the World! Your children trusted me since I am like a familiar before You. I am swearing by Your great Name that I shall not move from here until You show mercy for Your children. Rain started to drip. He said, that is not what I was asking for, but rain {to fill} cistern, ditches, and caves. It rained in a raging storm. He said, that is not what I was asking for, but rain of goodwill, blessing, and donation. It rained normally until Israel moved from Jerusalem to the Temple Mount because of the rain. They came and said to him, just as you prayed for them to come, so pray to remove them. He told them, go and check whether the losers’ stone was wiped away.

Think of it, if they were exempt from swearing? One is biblical, the other is not biblical.

Think of it, if they were exempt from swearing? One is biblical, the other is not biblical.

It was stated: If an heir’s father held a compromised promissory note, the son collects without swearing. In that the son’s power is greater than the father’s, since the son collects without swearing while the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: Bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted that for him, but not for his son. When he died, you put his son on the biblical rule.

It was stated: If an heir’s father held a compromised promissory note, the son collects without swearing. In that the son’s power is greater than the father’s, since the son collects without swearing while the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: Bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted that for him, but not for his son. When he died, you put his son on the biblical rule.

It was stated: If an heir’s father held a compromised promissory note, the son collects without swearing. In that the son’s power is greater than the father’s, since the son collects without swearing while the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents that this note was paid.” Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: Bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted that for him, but not for his son. When he died, you put his son on the biblical rule.

A Mishnah says that slaves follow the rules of real estate. A baraita states, the rules of movables. A baraita states, neither the rules of realestate nor the rules of movables. A Mishnah says that slaves follow the rules of real estate, as we have stated there: “Possession of houses, cisterns, ditches, and caves, bath houses, and dovecots, olive presses, and irrigated fields, and slaves.” A baraita states, slaves do not follow the rules of movables. As it is stated: What is possession of a slave? He tied his shoe for him, or untied his shoe, carried his things to the bath. Rebbi Simeon says, if he lifted him, that is possession. If he lifted his master, there is no stronger possession than this. A statement of the rabbis says that slaves follow the rules of movables. For Rebbi Yose said in the name of rabbis, there is no lien for a gift; one does not collect from slaves as from real estate. Rebbi Mana asked Rebbi Shammai, who are those rabbis? He told him, Rebbi Isaac and Rebbi Immi. A widow took a slave girl. The case came before Rebbi Isaac who said, what she took, she took. Rebbi Immi took her away, for she thought that she was hers but she was not hers. Not of real estate, as it was stated: Real estate and slaves; he took possession of the real estate. If you say that slaves follow the rules of real estate, when he took possession of the real estate he would have taken possession of the slaves, since Rebbi Yasa said in the name of Rebbi Joḥanan: If he had two fields, one in Judea and one in Galilee. If he took possession of the one in Judea with intention to take possession also of that in Galilee, or of the one in Galilee with intention to take possession also of that in Judea, he acquired. Not of movables. If you say that slaves follow the rules of movables, when he took possession of the movables he would have taken possessionof the slaves, since we did state there: “For property that is not guaranteed will cause guaranteed properties to be objects of swearing about them.”

If he said, I am paying, one may suspect that possibly he took it for himself. If he said, I am swearing, but then he saw that other oaths were added and he said, I am paying, one is suspicious. Rebbi Yose said, the Torah did not impose an oath on him to restrict him but to ease for him; for if he wants to pay, he shall pay, and if he wants to swear, he shall swear. If he had witnesses that it was forcibly stolen, to that case refers what Rebbi Eleazar said: If somebody sells his claims of fines to someone else, he did not do anything. If he had witnesses that it was stolen because of negligence, he comes under the category of “he shall pay”. If afterwards the stolen object was found, to whom does [the thief] pay? To the first, or to the second, or to both of them?

MISHNAH: One wolf is not an unavoidable accident, two wolves are. Rebbi Jehudah says, in times when wolves appear in packs, even a single wolf is an unavoidable accident. Two dogs are not an unavoidable accident. Yaddua the Babylonian says in the name of Rebbi Meїr: From the same direction it is not an unavoidable accident; from two different directions it is an unavoidable accident Robbers are an unavoidable accident. A lion, and a bear, and a leopard, and a panther, and a snake are unavoidable accidents. When? If they came by themselves. But if he led [the flock] to a place of troops of wild animals or robbers, these are not unavoidable accidents. If [an animal] dies a natural death it is an unavoidable accident. If he tortured it and it died, it is not an unavoidable accident. If it climbed to the top of a cliff and fell, it is an unavoidable accident. If he led it onto the top of a cliff and it fell, it is not an unavoidable accident. The unpaid keeper may stipulate that he be free from swearing, the borrower that he not be liable to pay, the paid keeper and the renter that they not be liable to swear or to pay. The stipulation of anybody who stipulates against what is written in the Torah is invalid. Any stipulation which follows a prior action is invalid. But any stipulation which it is possible to fulfill at the end and he stipulated it at the start is valid.

It was stated: If an heir’s father held a partially paid promissory note, the son collects without swearing. In this the son’s power is greater than the father’s since the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents stating that this note was paid.” Therefore, if there was a document, the note was paid. Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted this for him, but not for his son. When he died, you put his son on the biblical rule.

It was stated: If an heir’s father held a partially paid promissory note, the son collects without swearing. In this the son’s power is greater than the father’s since the father can collect only by swearing. Rebbi Eleazar said, nevertheless he has to execute an heir’s oath, “that our father did not charge us, that our father did not tell us, that we did not find a document among our father’s documents stating that this note was paid.” Therefore, if there was a document, the note was paid. Rebbi Hoshaia asked, does the baraita follow the House of Shammai? For the House of Shammai say, “she collects her ketubah and does not drink.” Rebbi Yose said, there the reason of the House of Shammai is: bring my husband and I shall drink! But here, it would be in order that even his father would not have to swear. They instituted a rule that he has to swear. They instituted this for him, but not for his son. When he died, you put his son on the biblical rule.

Abba Shaul said, also one who pronounces the Name by its letters. Rebbi Mana said, for example, those swearing Samaritans. Rebbi Jacob bar Aḥa said, it is written as yod he but read as alef dalet.

HALAKHAH: “A vain oath,” etc. A person, a person. Since by a person which was said for an oath of testimony He made the one at whom the oath was directed like one swearing, so also by a person which was said for an oath of deposit He made the one at whom the oath was directed like one swearing.

HALAKHAH: “A vain oath,” etc. A person, a person. Since by a person which was said for an oath of testimony He made the one at whom the oath was directed like one swearing, so also by a person which was said for an oath of deposit He made the one at whom the oath was directed like one swearing.

HALAKHAH: “One does not swear on the claim of a deaf-and-dumb person, an insane person, or a minor,” etc. It is written: If a man give to his neighbor, to exclude the minor. So far if a minor gave to him and the minor requested from him. If he gave it as a minor and requested it as an adult? The verse says, his neighbor; only if giving and requesting are equal. Rebbi Abba bar Mamal said, is that not obvious by what Rebbi Joḥanan said, one who claims a claim of theft in respect of his neighbor’s lost object is liable? “Where is my lost object?” He told him, it was stolen. Rebbi Abba said, explain it if he told him, you already asked me when you were underage and I was freed from swearing for you. An oath of the Eternal shall be between both of them, to exclude the heir. Rebbi Illa in the name of Rebbi Yasa: The baraita is about the heir.

Between both of them it will never move from between them. If the one forcing the oath forces the oath lying, at the end it will come over him. If the one swearing swears lying, at the end it will come over him. What is the reason? I shall take it out, oracle of the Eternal Sabaot, and it will come into the house of the thief and the house of him who swears falsely in My Name, etc. Rebbi Samuel bar Naḥman said, destructive angels have no joints. What is the reason? From roving about the Earth and walking there. But here, it will destroy its wood and its stones. Come and see, things which the fire will not burn, a vain oath will destroy. Rebbi Jonah said, about falsehood. Rebbi Yose said, even on truth. Ḥaggai was preaching following Rebbi Yose. There was a case about a woman who went to knead dough with another and had two denarii bound into the seam of her head cover. These fell out and were rolled into a loaf. She went back to he house, wanted them and did not find them. She returned to her and said to her, give me the two denarii which fell from me in your house. She told her, I do not know. If she would know of it, she should bury her son. She buried him. When they returned from his grave, she heard a voice saying, if she had not known about them she would not have buried him. She said, if this woman knows about them, she should bury her other son. She buried him. They came to console her and cut one loaf and found two denarii rolled into the loaf. This says, whether innocent or guilty, never swear an oath.

If he paid him in advance; in that case he swears and collects. If a pledge was in his hand; in that case he collects without swearing. If he was a slave. Would the court admit a slave to an oath? If he was suspect? Would the court admit a suspect person to an oath? If both were suspect, it is the dispute between Rebbi Meїr and Rebbi Yose: “If both were suspect, the oath returns to its origin, the words of Rebbi Yose; Rebbi Meїr says, they shall split the difference.”

It was said, if its owners were with him, he does not have to pay. Does he have to swear? Rebbi Ze`ira said, he swears. Rebbi Ḥanina and Rebbi La both are saying, he does not swear. A baraita supports Rebbi Ḥanina and Rebbi La: “Breakage, abduction, and death for which he is not liable in the cases of the paid keeper and the renter, and the borrower with the owner is not liable, without the owner is liable; loss and theft where the paid keeper and the renter are liable, is it not that a fortiori the borrower be not liable with the owner but liable without the owner?” For him who says it is obvious that he swears, should he not have to pay? Rebbi Ḥanina in the name of Rebbi Yudan: A baraita supports Rebbi Ze`ira. “The borrower, for whom the Torah was restrictive, with the owner is not liable, without the owner is liable; the paid keeper, for whom the Torah was lenient, a fortiori with the owner should not be liable, without the owner should be liable.” If you are saying, his problem was swearing, he should have stated “the paid keeper and the renter.” That means he only needs it for payment. It is difficult for Rebbi Ze`ira: the borrower swears if the owner was with him; if the owner was not with him he must pay. The unpaid keeper swears, whether the owner was with him or was not with him. You are saying that where the borrower pays the paid keeper swears. Where the paid keeper swears, the unpaid keeper should not be liable. Where the paid keeper pays, the unpaid keeper swears. What do you state about an unpaid keeper when the owner be with him? But some are asking, what do you state about an unpaid and a paid keeper, whether or not the owner be with him? Rebbi Abin said, any word of criminality. Rebbi Mana said, do we not find that the Torah treated loss and theft equally for the borrower? Therefore, we shall treat breakage, abduction, and death equally both for the unpaid and the paid keepers.

“He said to the recipient of a fee,” etc. Rebbi Joḥanan said, one who claims before his neighbor a claim of thief in a case of loss is liable. “Where is my lost object?” He told him, “it was stolen.” Rebbi Joḥanan said, one who claims before his neighbor a claim of thief is liable only after an oath. What is the reason? It is said here “grabbing” and it says there “grabbing.” Since “grabbing” mentioned there only applies after an oath, so also “grabbing” mentioned here only applies after an oath. Rebbi Joḥanan said, one who claims a claim of loss, swore to him, and afterwards claimed a claim of thief is not liable. Rebbi Joḥanan asked: May one be liable for a blurted oath in case of an oath regarding a claim of thief? The argument of Rebbi Joḥanan seems to be inverted. There he said, if he claimed a claim of loss, swore to him, and afterwards claimed a claim of thief is not liable. And here he says so? There it is obvious to him, here it is problematic for him. What is problematic for him? He saw and found it simple. Rebbi Ḥiyya bar Joseph said, one who claims before his neighbor a claim of thief is liable only after he denied in court. Where do we hold? If about him who already owes an oath to his neighbor, even if he was swearing out of court he is liable. But we must hold about him who saw them coming. They wanted to make him swear but he jumped in and swore. Rebbi Ḥiyya in the name of Rebbi Joḥanan: When it was standing at his feeding trough. Rebbi Ze`ira asked: how was it said? “If it was standing” or “even if it was standing”? If you say “even if it was standing,” it makes no difference. If you say “if it was standing,” then the argument of Rebbi Joḥanan is inverted. There, he said, if he claimed before him a claim of loss, had been swearing to him, selected a sacrifice, and then claimed a claim of duress, he is not liable. But here you are saying so? Rebbi La said, there is a difference since he absolved himself of confession by the oath. They objected to the opinion of Rebbi Ze`ira: “‘Where is my ox?’ He told him, ‘it was stolen.’ ‘I want you to swear;’ he answered ‘Amen’. Witnesses testify that he stole it: he has to pay double restitution. If he confessed himself he pays the value, and a fifth, and a reparation sacrifice.” But here when he moved it by claiming that it was lost. Afterwards he claimed a claim of thief and is not liable. Explain it that he swore to him but slaughtered it afterwards. The students of Rebbi Ḥiyya bar Julianus say, explain it that he slaughtered it when it was lying down. Is there slaughter without sale? Following Symmachos who said, there can be slaughter and sale without theft. Samuel said, if there came no witnesses of the theft, but there came witnesses of the slaughter; he is liable.

“He said to the recipient of a fee,” etc. Rebbi Joḥanan said, one who claims before his neighbor a claim of thief in a case of loss is liable. “Where is my lost object?” He told him, “it was stolen.” Rebbi Joḥanan said, one who claims before his neighbor a claim of thief is liable only after an oath. What is the reason? It is said here “grabbing” and it says there “grabbing.” Since “grabbing” mentioned there only applies after an oath, so also “grabbing” mentioned here only applies after an oath. Rebbi Joḥanan said, one who claims a claim of loss, swore to him, and afterwards claimed a claim of thief is not liable. Rebbi Joḥanan asked: May one be liable for a blurted oath in case of an oath regarding a claim of thief? The argument of Rebbi Joḥanan seems to be inverted. There he said, if he claimed a claim of loss, swore to him, and afterwards claimed a claim of thief is not liable. And here he says so? There it is obvious to him, here it is problematic for him. What is problematic for him? He saw and found it simple. Rebbi Ḥiyya bar Joseph said, one who claims before his neighbor a claim of thief is liable only after he denied in court. Where do we hold? If about him who already owes an oath to his neighbor, even if he was swearing out of court he is liable. But we must hold about him who saw them coming. They wanted to make him swear but he jumped in and swore. Rebbi Ḥiyya in the name of Rebbi Joḥanan: When it was standing at his feeding trough. Rebbi Ze`ira asked: how was it said? “If it was standing” or “even if it was standing”? If you say “even if it was standing,” it makes no difference. If you say “if it was standing,” then the argument of Rebbi Joḥanan is inverted. There, he said, if he claimed before him a claim of loss, had been swearing to him, selected a sacrifice, and then claimed a claim of duress, he is not liable. But here you are saying so? Rebbi La said, there is a difference since he absolved himself of confession by the oath. They objected to the opinion of Rebbi Ze`ira: “‘Where is my ox?’ He told him, ‘it was stolen.’ ‘I want you to swear;’ he answered ‘Amen’. Witnesses testify that he stole it: he has to pay double restitution. If he confessed himself he pays the value, and a fifth, and a reparation sacrifice.” But here when he moved it by claiming that it was lost. Afterwards he claimed a claim of thief and is not liable. Explain it that he swore to him but slaughtered it afterwards. The students of Rebbi Ḥiyya bar Julianus say, explain it that he slaughtered it when it was lying down. Is there slaughter without sale? Following Symmachos who said, there can be slaughter and sale without theft. Samuel said, if there came no witnesses of the theft, but there came witnesses of the slaughter; he is liable.