SHEVUOS 39 (19 Teves) - Dedicated in memory of Hagaon Rav Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of Yad Yisrael (on Rambam) and many other Sefarim. Dedicated by his granddaughter and her husband, Mr. and Mrs. Avi and Lily Berger.

1)DO SHEVUOS REQUIRE HASH-M'S NAME OR LASHON HA'KODESH? [Shevuos :language: Hash-m's name]

(a)GEMARA

1.35a (Mishnah): If one made witnesses swear (that they do not know testimony) by 'Aleph-Dalet', 'Yud-Kei', Shakai, Tzevakos, Chanun, Rachum..., or any Kinuy (name that refers to Hash-m), they are liable (if they knew).

2.35b - Contradiction (Beraisa): We learn from a Gezerah Shavah "Alah-Alah" Shevu'as ha'Edus requires Hash-m's name, just like Shevu'as Sotah.

3.Resolution (Abaye): That Beraisa is R. Chanina bar Idi. Our Mishnah is Chachamim. They do not learn the Gezerah Shavah.

4.36a (R. Elazar): Saying 'no' or 'yes' is an oath.

5.(Rava): This is only if he says 'yes' or 'no' twice.

6.38b (Beraisa): Even Shevu'as ha'Dayanim is said in its language.

7.39a: This teaches that also Shevu'as ha'Dayanim is in its language;

8.This means that it is like the other things in this Mishnah;

i.(Mishnah): The following may be said in any language: Parshas Sotah, the declaration of Ma'aseros, Kri'as Shema, prayer, Birkas ha'Mazon, Shevu'as ha'Edus, and Shevu'as ha'Pikadon.

9.Nedarim 10a (Mishnah): Shevusah, Shekukah, or vowing 'b'Mohi' are Kinuyim for Shevuah.

10.(R. Yochanan): Kinuyim are (translations of Shevu'ah) from Nochri languages.

(b)RISHONIM

1.Rif (18a): Even Shevu'as ha'Dayanim is in its language, i.e. in any language.

i.Ran (DH Tanu): The Gemara explains that 'even' refers to the matters in the Mishnah that are said in any language. The Beraisa teaches that Shevu'as ha'Dayanim is the same. The Rif says so. The Ri mi'Gash explains that even it is said in its language, i.e. Lashon ha'Kodesh. It refers to the part of the Mishnah that discusses things that must be said in Lashon ha'Kodesh. This is wrong. A Tosefta (Sotah 7:1) says that Shevu'as ha'Edus and Shevu'as ha'Dayanim are in any language.

ii.Ran (15b DH b'Yud): Rashi explains that all Shevuos require a Shem (name of Hash-m) or Kinuy. This is not only for Shevu'as ha'Edus, for Chachamim do not learn the Gezerah Shavah. Therefore, they do not distinguish Shevu'as ha'Edus from other Shevuos. Even so, we need a Shem or Kinuy for lashes or Korban. However, even without a Shem there is an Isur, like we say about 'Lav Lav.'

2.Rambam (Hilchos Shevuos 2:2): If one swore or imposed an oath with Hash-m's special name or a Kinuy, e.g. the One whose name is Chanun or Rachum or Erech Apayim, in any language, it is a full Shevu'ah.

i.Rebuttal (Ra'avad): I did not find a Shem or Kinuy in oaths of Bituy, only in Shevuos ha'Edus and Pikadon, for we learn "Alah- Alah" from Sotah. For Bituy, even 'Mivta' or 'Isar' said for a Shevu'ah is a Shevu'ah, or 'Lav Lav' or 'Hen Hen' if he intends for Lav or Hen of Hash-m. This is for Korban or "Lo Yachel" (the Isur to transgress it). One is lashed only if he said a Shem - "Lo Sishav'u vi'Shmi la'Shaker", "Lo Sisa Es Shem Elokecha..."

ii.Gra (YD 237:1): The Rambam's opinion is primary.

3.Rambam (7:7): One is liable for Shevu'as ha'Pikadon only in a language that he understands.

4.Rambam (9:13): Shevu'as ha'Edus must be with Hash-m's name or a Kinuy, in a language that the witness understands

5.Rambam (11:8): Shevu'as ha'Dayanim is with Hash-m's name or a Kinuy or an Alah. My Rebbeyim said that we impose it only in Lashon ha'Kodesh.

6.Rambam (14): If judges imposed an oath (of Heses) in any language that he understands, this is proper, and so ruled the Ge'onim. My Rebbeyim said that we impose it only in Lashon ha'Kodesh. One should not rely on this. Even though all Batei Din normally impose it only in Lashon ha'Kodesh, they must infom the Nishba until he understands the text of the Shevu'ah.

7.Rosh (4:24): Also 35b teaches that Shevu'ah requires a Kinuy. The Isur to swear (falsely) is only with a Shem - "Lo Sishav'u vi'Shmi la'Shaker." The Ramban says that Shevu'as Bituy does not require a Shem, for we say that Lav is a Shevu'ah. Perhaps it is a Yad (partial expression), which suffices for a Shevu'ah. The Ra'avad says that a Shem is needed only for lashes.

8.Rosh (6:2): Shevu'as ha'Dayanim is in any language that he understands.

9.Maharam mi'Rotenberg (4:6; much of this is in Rashba 842): A case occurred in which one took out five Chumashim and swore 'so De-on (Hash-m in another language) and this Torah will help me to fulfill these Tana'im.' Riva said that this is a Shevu'ah with Hash-m's name, even though he mentioned only a Kinuy, and in another language. In any case it is no worse than a Yad. Even Shvusa, Shvuka, and 'master of everything' work. Shevu'as Sotah is in any language, except that we need Hash-m's special name, which must be in Lashon ha'Kodesh and may be said only in Lashon ha'Kodesh. All the more so other Shevuos may be in any language. Even if he did not say 'Shevu'ah', Hash-m's name in another language makes it a Shevu'ah.

(c)POSKIM

1.Rema (YD 207:1): A Neder in any language that he forbids to himself is a Neder.

2.Shulchan Aruch (237:1): If one says 'I swear to do matter Ploni' or 'I will not do it', this is a Shevu'ah, even if he did not mention a Shem or Kinuy.

i.Beis Yosef (DH v'Yesh): The Tur brings an opinion that Shevu'as Bituy requires Hash-m's name or a Kinuy. This is like the Ra'avad, Rashi and Rambam.

ii.Shach (1): Some say that it is only an Isur. Some say that there are even lashes, for it is not worse than a Yad.

3.Rema: There is no distinction if it was in Lashon ha'Kodesh or another language.

i.Etzei Levonah: R. Yonah (Igeres ha'Teshuvah, for Monday 16) says not to say '... may Hash-m save me', for this is Shevu'as ha'Alah, even though he did not say 'Shevu'ah'. Simlas Binyamin (1) proves from the Rambam that Hash-m's name alone is a mere Isur, just like 'Shevu'ah' without a Shem. Nedarim 2a teaches that a Kinuy for a Shevu'ah is like saying Shevu'ah. Even though he said a Shem, one is not lashed unless he said 'Shevu'ah' (or a Kinuy).

ii.Shach (YD 179:11): Hash-m's name in another language is not a (Kodesh) name. One may erase it, e.g. G-d in the Ashkenaz language.

4.Shulchan Aruch (CM 27:1): If one cursed a Yisrael with a Kinuy or a name that Nochrim use for Hash-m, he is lashed.

i.Urim (2): The SMA says that a name that Nochrim use for Hash-m is like a Kinuy. In our many sins, people transgress (cursing with the name G-d). They also err and think that what is written or said in other languages is only an adjective for Hash-m. People write on everything Hei Ches Chaf Ad'ia (a French word for Hash-m), and it ends up in the trash. Chazal forbade writing Hash-m's name on documents, lest it be thrown out!

ii.Question: According to the Shach, one may say a Safek Berachah in another language! One may erase a Shem in another language, so it is not a Berachah Levatalah or Hash-m's name Levatalah.

iii.Answer (Teshuvas R. Akiva Eiger 1:25): The Rambam says that a Shevu'ah with Hash-m's name or a Kinuy in any language is a proper oath. This is even for Shevu'as Bituy and Shevu'as Heses, for which the warnings are "do not swore falsely in My name" and "do not take (Hash-m's name) in vain." This shows that saying Hash-m's name Levatalah applies in all languages. The Rashba connotes that only Hash-m's special name requires Lashon ha'Kodesh. However, this does not refute the Shach. Perhaps Hash-m's name in other languages is like Kinuyim, which, except for seven of them, may be erased. Tashbatz (1:2) permits erasing the Targum of Shemos, for they are no better than Kinuyim. Even though the Gemara equates erasing Hash-m's name with oaths, we must say that this is not the conclusion.

See also:

MAY TEFILAH AND KRI'AS SHMA BE SAID IN OTHER LANGUAGES? (Sotah 33)

MAY ONE PRAY IN ARAME'IC? (Bava Metzia 86)

Other Halachos relevant to this Daf:

SHEVUOS ARE BASED ON DA'AS BEIS DIN (Shevuos 29)

OTHER D.A.F. RESOURCES ON THIS DAF