Mitzvah —
213
To swear in G‑d's Name to confirm the truth when deemed necessary by court
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אֶת־יְהֹוָ֧ה אֱלֹהֶ֛יךָ תִּירָ֖א אֹת֣וֹ תַעֲבֹ֑ד וּב֣וֹ תִדְבָּ֔ק וּבִשְׁמ֖וֹ תִּשָּׁבֵֽעַ׃ - פָּרָשַׁת עֵקֶב
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Deuteronomy 10:20 - "You shall fear the Lord, your God, worship Him, and cleave to Him and swear by His Name."
This Mitzvah's Summary
מִצְוָה עֲשֵׂה - Positive Commandment
מִצְוָה לֹא תַעֲשֶׂה - Negative Commandment
Justice / Courts – דִּינִים
When a person is required by court, he must swear truthfully in Hashem’s Name to affirm his statement.
This mitzvah commands swearing in Hashem’s Name when required by judicial process, but only in truth and necessity. Unlike false or vain oaths, this type of oath sanctifies Hashem’s Name, demonstrating reverence for His truth.
The mitzvah highlights that Hashem is the ultimate witness and guarantor of reality. When courts require an oath, the one swearing must do so sincerely, with fear of Heaven. Misuse or casual swearing remains forbidden.
Commentary & Classical Explanation:
- Rambam (Hilchot Shevuot 11:1): Teaches that swearing in Hashem’s Name truthfully and when necessary is itself a mitzvah.
- Sefer HaChinuch (Mitzvah 435): Explains that swearing truthfully sanctifies Hashem’s Name, because it reinforces the reality of His omniscience.
- Talmud (Shevuot 35a): States that swearing truthfully “exalts Hashem’s Name” when done properly in court.
- Rashi (Deuteronomy 10:20): Notes that “by His Name you shall swear” is counted as a mitzvah when truth and necessity demand it.
Commentaries
(Source: Chabad.org)
Applying this Mitzvah Today
Notes on this Mitzvah's Fundamentals
Faith – אֱמוּנָה
- Rambam (Hilchot Shevuot 11:1) teaches that swearing truthfully in Hashem’s Name affirms belief in His omniscience. It is an act of faith, testifying that Hashem is witness to all.
Reverence – יִרְאַת שָׁמַיִם
- Sefer HaChinuch (Mitzvah 435) explains that one who swears truthfully does so with awe, recognizing the seriousness of invoking Hashem’s Name. Proper reverence ensures the oath is not casual or careless.
Holiness – קְדֻשָּׁה
- Talmud (Shevuot 35a) says that when one swears truthfully, “Hashem’s Name is exalted.” The holiness of the Divine Name is magnified when invoked for truth and justice.
Speech – דָּבָר
- This mitzvah sanctifies the power of speech. Instead of corrupting words with lies, the Torah directs us to elevate speech by binding it to truth in Hashem’s Name.
Truth / Justice – צֶדֶק
- Rashi (Deuteronomy 10:20) comments that swearing in Hashem’s Name is a mitzvah only when truth and justice require it. Oaths in court strengthen judicial integrity and protect the innocent.
Vows / Oaths – נְדָרִים / שְׁבוּעוֹת
- This mitzvah is part of the halachic system of shevuot. Rambam explains that truthful oaths are not only permitted but required in court, forming a crucial part of the Torah’s oath framework.
Community – קְהִלָּה
- Sefer HaChinuch emphasizes that truthful oaths build trust in society. When people know that Hashem’s Name guarantees truth, community cohesion and confidence in courts are preserved.
Bein Adam L’Makom (between a person and G-d)
- A truthful oath sanctifies Hashem’s Name directly, acknowledging His role as the ultimate guarantor of truth. It is an act of service to Hashem Himself.
