Hello kollel!
A simple question. The gemara makes lots of references to shvuat hesset, but I've never seen a description of what the language of the oath was/is or how it was procedurally administered. Is it described elsewhere in the gemara? Can you give an outline of what the phrasing would be? Does the beis din say it and the litigant repeats? Or they say it and says "ani nishba" or "amen"? I suppose I have a similar q by the shvuot deoraita, if we have a text or language the shvua comprised.
Thank you!
Josh
Hi Josh,
The Sefer ha'Aruch (Hesset), brings the procedure of Shvuat Hesset:
Before the Shevua, Beis Din warns the defendant and tells him, how the world shakes if someone lies under oath, and then they say to the prosecutor, if you are lying and just making the defendant sware for no reason, the curses brought down for a Shevus Sheker, will turn upon you. If both sides do not give up, the Beis Din announces to the crowd (as moshe said to Yisrael in Parshas Korach): Suru Na me'Al Ahalei ha'Reshaim ha'Eilu, set aside from these sinful people. This is because one of them is for sure lying.
Then, the Beis Din takes out a Sefer Torah and put it down on a chair, or the Shaliach Beis Din holds it, and says: If the defendant owes something to the prosecutor as he says, the defendant will be in a ban to all Yisrael, and other curses, and the Defendant says Amen, and accepts the Shevua.
There is a Machlokes between the Shulchan Aruch (Choshen Mishpat 87;18) who says that a Shvuas Hesset includes the Shem Hash-m, against the Rambam (Shvuos 11;13) whodoes not mention that.
Kol Tuv,
Aharon Steiner