DAF DISCUSSIONS - SHEVUOS 0

Andrew Simmonds asked:

I have question -- this one should be very easy.

There is a particular type of oath -- it is only in monetary matters and it is essentially that someone who wants another person to testify for him can ask that other person to give testimony. The other person is free to refuse.

But the person who wants the testimony can demand that the person who refuses to give the testimony swear an oath that he has no knowledge or testimony to give. If that oath is false, the person who gives the false oath may be punished, not by the human court, but at the hand of G-d.

This is of course interesting because it is so different from modern practice -- I swear to tell the truth (which comes from a mistaken notion by Emperor Constantine that this was a Christian practice). In this case it is I swear that I have no testimony. As I recall this type of oath is like the Sotah oath in Numbers and the covenant oath in Deuteronomy in that it contains the word "alah", a very serious curse -- what might be termed a self-malediction.

My question is simple what is the name (using english letters, not Hebrew alphabet) of this testimonial (lack of testimonial) oath in the Hebrew/Aramaic of the Talmud. The English Artscroll is great, but it can leave out in the English idiomatic expressions and original language terms.

Also if you have any other interesting things to point out about this type of testimonial oath, be delighted to hear of them. Many, many thanks, regards

Andrew R. Simmonds

The Kollel replies:

The name is Shevu'as ha'Edus. Here is what we wrote about it:

40) [line 25] SHEVU'AS HA'EDUS (SHEVU'AS HA'EDUS - An Oath of Denial of Testimony)

(a) Witnesses who are able to testify on behalf of another must do so. If one suspects witnesses of concealing testimony that can benefit him, he has the right to place them under oath. This oath is called a Shevu'as ha'Edus (Vayikra 5:1).

(b) If witnesses deny any knowledge of the case, under oath, in Beis Din, and then later admit that they swore falsely, then they must offer a Korban. This Korban is a Korban Oleh v'Yored, which means that the makeup of the Korban varies depending upon the means of the penitent. A wealthy individual must offer a female sheep or goat as a Korban Chatas (Korban Ashir). One who cannot afford a sheep must offer a pair of turtledoves (Torim) or common doves (Bnei Yonim), one as a Korban Olah and one as a Korban Chatas (Korban Oleh v'Yored b'Dalus). If he cannot afford even a pair of birds, he may offer one-tenth of an Eifah of fine flour as a Minchas Chatas (Korban Oleh v'Yored b'Dalei Dalus) (Vayikra 5:5-13).

Wishing you a Kesivah va'Chasimah Tovah,

Mordecai Kornfeld

Kollel Iyun Hadaf