(Fol. 38b) Our Rabbis were taught: Also an oath taken by one before the court must be uttered in a language he understands, and the court must say to him the following introduction to the oath: Be aware (Fol. 39) that the entire world trembled when the Holy One, praised be He! spake on the Mount Sinai: (Ex. 20, 7) Thou shalt not take the name of the Lord thy God in vain; likewise concerning all transgressions in the Torah it reads: Venakkei (He will forgive), and concerning a false oath, it reads further, Lo Yenakke (He will not forgive); again, for all other transgressions, only the sinner himself is punished, while here (in the case of an oath) the punishment extends also to his family, as it is said (Ecc. 5, 5) Suffer not thy mouth to bring thy flesh into guilt; and by the expression flesh one's family is meant, as it is said (Is. 58, 7) From thy own flesh. Furthermore, for all other transgressions the sinner himself is alone punished, while in this case the whole world is punished, as it is written (Hos. 4, 2-3) There is false swearing, etc… . therefore shall the land mourn. But perhaps it means that only when the sinner committed all the transgressions mentioned here in Hosea? This cannot be meant, for it is written (Jer. 23, 10) For because of false swearing mourneth the land. Again, the punishment for all other transgressions is, through the merits of the sinner's forefathers, postponed for some two or three generations, but in this case he is punished immediately, as it is said (Zech. 5, 4) I cause it to go forth, saith the Lord of hosts, and it shall enter into the house of the thief, and into the house of him that sweareth falsely in My name; and it shall abide in the midst of his house, and shall consume it with the timber thereof and the stones thereof. I bring it forth, means immediately; it shall enter into the house of the thief, refers to one who steals the mind of the people, e. g., he who has no money with his neighbor, maintains that he has and makes the latter swear; into the house of him who sweareth falsely, is to be taken literally; it shall remain in the midst of his house, etc., from this it may be learned that things indestructible by fire or water are destroyed by false swearing. If after having listened to all this introduction, he says: I will not take the oath, the court sends him away immediately [that he might not reconsider his last decision]; but if he says: I will nevertheless swear, the people present say (Num. 16, 16) Depart, I pray you, from the tents of these wicked. Again, when he is ready to take the oath, the court once more says to him: "Be aware that the oath which you take is not according to your own mind, but to the mind of the Holy One, praised be He! and that of the court," as we find in the case of Moses, our teacher, who, when he made the Israelites swear, said: "You shall be aware that your oath is not of your own mind, but by that of the Holy One, is it is said (Deut. 29, 13-14) And not with you alone, etc… . but with him that is standing here, etc. [It is not meant, those who were only at the Mount Sinai, but all future generations]. Whence do we know that even all proselytes who will embrace Judaism in the future? It is said (Ib.) And also with him that is not here with us. From this we infer only regarding the commandments given in that Mount, but whence do we know regarding all commandments that will be established in the future, such as the reading of the Book of Esther? It is said (Est. 9, 27) The Jews confirmed it as a duty, etc. This means they confirmed a duty imposed upon them in the past. The master said: "The whole world trembled, when the Holy One … "But why? Was it because it was ordained on Sinai? Then, all the ten commandments were given there; and if because it is more rigorous, is it indeed so? Is there not a Mishna: The following are classified as lenient positives and negatives, except Thou shalt not bear the holy name, etc.; rigorous are those under the category of capital punishment and Karath, and the commandment Thou shalt not bear, etc., belongs to these [hence, there are many like swearing]. We must therefore say that concerning all other transgressions the Torah says Venakkei, while concerning thou shalt not bear, Lo Yenakke is applied. But do we not find the same Lo Yenakke in connection with all laws? Behold it is written (Ib. 34) Venakkei lo Yenakke? This is explained by R. Elazar, who said: "It is impossible to say Venakkei (he will forgive) since it is followed by Lo Yenakke (he will not forgive), nor is it possible to say he will not forgive after it reads he will forgive, therefore it must mean, he will forgive the repenters, but not those who do not repent."
The master said above: "Further: For all transgressions, etc., while here (in the case of oath) the punishment extends also to his family." And for all transgressions, you say, punishment is not extended to the family? Behold it is written (Lev. 20, 5) Then I will set My face against this man and against his family. And there is a Baraitha: R. Simon says: "If he has sinned, what has his family done"; to teach thee that in a family, where there is a robber, the entire family is considered robbers, because it conceals him? There he is punished with the punishment attached to his transgression, but the family with a lenient one; while here the family suffers the same punishment as the perjuror himself. As we have learned in the following Baraitha: Rabbi said: "To what purpose is it written in the above-cited verse, I will cut him off, after it reads I will set my face, etc.?" To teach that only him I will cut off but not the whole family. Concerning the punishment of the whole world, etc. Does it not read (Ib. 26, 37) And they shall stumble one over the other, from which it may be intimated that all Israelites are responsible for one another? (Ib. b) The reason there is because they could have prevented the sin by protesting, which they did not do [hence the responsibility]. But is not one's family included in the whole world? There is a difference in the nature of the punishment — viz., his family is punished more rigorously than the rest of the world. The master said above: "If he says, I will swear, the people say: Depart," etc. Why are both the parties called wicked? Let only him who swears have his name. It is in accordance with the opinion of R. Simon b. Tarfon, who says in the following Baraitha (Ex. 22, 10) Then shall an oath of the Lord be between them both. Infer from this that the oath rests upon them both.
END OF SHEBUOTH