Parallel
שבועות 29:2
Soncino English Talmud · Berean Standard Bible
Obviously, therefore, merely so that there should not be any absolution for their oath. ‘IF I HAVE NOT SEEN A SERPENT LIKE THE BEAM OF THE OLIVE PRESS.’ And is it not [possible]? Lo! There was one in the reign of King Shapur which swallowed thirteen hides stuffed with straw. — Samuel said: [He meant] striped. But they are all striped! [He meant] striped on his back. ‘I SWEAR I SHALL EAT THIS LOAF; I SWEAR I SHALL NOT EAT IT’, etc. Now, for the oath of utterance he is liable, and for the vain oath he is not liable? Surely, the oath was uttered in vain! — R. Jeremiah said: Learn, ALSO THE OATH OF UTTERANCE. MISHNAH. THE OATH OF UTTERANCE APPLIES TO MEN AND WOMEN, TO RELATIVES AND NON-RELATIVES, TO THOSE QUALIFIED [TO BEAR WITNESS] AND THOSE NOT QUALIFIED, [WHETHER UTTERED] BEFORE THE BETH DIN, OR NOT BEFORE THE BETH DIN, [BUT IT MUST BE UTTERED] WITH A MAN'S OWN MOUTH; AND HE IS LIABLE, FOR WILFUL TRANSGRESSION, STRIPES, AND FOR UNWITTING TRANSGRESSION, A SLIDING SCALE SACRIFICE. A VAIN OATH APPLIES TO MEN AND WOMEN, TO NON-RELATIVES AND RELATIVES, TO THOSE QUALIFIED [TO BEAR WITNESS] AND THOSE NOT QUALIFIED, [WHETHER UTTERED] BEFORE THE BETH DIN OR NOT BEFORE THE BETH DIN, [BUT IT MUST BE UTTERED] WITH HIS OWN MOUTH; AND HE IS LIABLE, FOR WILFUL TRANSGRESSION, STRIPES, AND FOR UNWITTING TRANSGRESSION HE IS EXEMPT. [IN THE CASE OF] BOTH THIS AND THAT [OATH], IF HE WAS ADJURED BY THE MOUTH OF OTHERS, HE IS LIABLE; THUS, IF HE SAID, ‘I HAVE NOT EATEN TODAY,’ OR, ‘I HAVE NOT PUT ON TEFILLIN TODAY,’ [AND THE OTHER SAID,] ‘I ADJURE THEE,’ AND HE SAID, ‘AMEN!’ HE IS LIABLE. GEMARA. Samuel said: He who responds ‘Amen’ after an oath — it is as if he uttered the oath with his own mouth, for it is written: And the woman shall say, Amen, Amen. R. Papa said in the name of Raba: A Mishnah and a Baraitha also prove it, for the Mishnah states: ‘The oath of testimony applies to men, and not to women; to non-relatives, and not to relatives; to those qualified [to bear witness], and not to those unqualified; and it applies only to those liable to bear witness; and [whether uttered] before the Beth din or not before the Beth din, [if uttered] with his own mouth; but if [adjured] by the mouth of others, he is not liable unless he denies it before the Beth din: this is the opinion of R. Meir.’ And in the Baraitha it was taught: What is the oath of testimony? He said to witnesses, ‘Come and bear testimony for me;’ [and they replied,] ‘We swear we know no testimony for you,’ or they said, ‘We know no testimony for you,’ [and he said,] ‘I adjure you,’ and they responded. ‘Amen’ — whether [it was uttered] before the Beth din, or not before the Beth din, whether from their own mouths or the mouths of others, since they denied [knowing any testimony], they are liable: this is the opinion of R. Meir. Now, they contradict each other! Obviously, therefore, we deduce from this that here [it is a case where] he said ‘Amen,’ and there [a case where] he did not say ‘Amen’. This proves it. Rabina said in the name of Raba: Our Mishnah also proves it, for it states: THE OATH OF UTTERANCE APPLIES TO MEN AND WOMEN, TO NON-RELATIVES AND RELATIVES, TO THOSE QUALIFIED [TO BEAR WITNESS] AND THOSE NOT QUALIFIED, [WHETHER UTTERED] BEFORE THE BETH DIN OR NOT BEFORE THE BETH DIN, [BUT IT MUST BE UTTERED] WITH HIS OWN MOUTH. [Hence, if uttered] WITH HIS OWN MOUTH, he is liable; but from the mouth of others, he is not liable. And yet the last clause states: [IN THE CASE] OF BOTH THIS AND THAT [OATH], IF HE WAS ADJURED BY THE MOUTH OF OTHERS HE IS LIABLE. Thus they contradict each other! Obviously, therefore, we must infer from this that here [it is a case where] he said ‘Amen’, and there [a case where] he did not say ‘Amen’. — But, if so, what does Samuel teach us? — The deduction of the Mishnah he teaches us. [
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