OATH, an appeal to God or to authorities re cognised by the respective adjurers, or to anything esteemed sacred, in attestation of an assertion or in confirmation of a given promise or a duty under taken.
1. Signification of the name, and classification of Oaths.—The two words n5N and used in the Hebrew Scriptures to express oath or swearing, are by no means synonymous. They denote two different modes of swearing, or rather two classes of oaths. Thus 4t.1., (from to lament, to wail, to express woe), properly means the invocation of woe upon one's-self, and shows that the mode of swearing which it describes was connected with an invoca tion of divine vengeance on the party, if the assevera tion made were not true. Whilst illraV (from rmv, seven) literally signifies to seven one's-self, to produce seven, i.e., to make a declaration confirmed by seven victims, or before seven witnesses, because, as Ibn Ezra (comp. ronv, p. 41 a), who is followed by most modern expositors and lexicographers, rightly remarks, seven animals were used in ancient times when mutual promises were given and when alli ances were effected (Gen. xxi. 28-30). This is moreover confirmed by the practice of the ancient Arabians, who, in pledging their faith, drew blood by an incision made in their hands, and smeared it on seven stones (Herod. iii. 8). The primary distinc tion, therefore, between the two oaths is, that in the case of the former an imprecation was used, whilst in the latter no imprecation was employed. Ilene in Num. V. 21, where an oath with an im precation is described, the phrase r i5N7 Tly1]t s is used, and the formula of imprecation is forthwith given.
2. Occasions when, and the manlier in which Oaths were taken.—From time immemorial, the Hebrews used oaths both in private intercourse and public transactions. In private intercourse, or on extra-judicial occasions, oaths were taken or de manded when promises were made (2 Sam. xv. 21 ; xix. 23), or exacted (Gen. xxiv. 2-4, 1. 5, 25 ; Josh. ii. 12-21 ; vi. 26 ; ix. 15 ; Ezra x. 5) ; when covenants were concluded (Gen. xxxi. 53 ; 2 Kings Xl. 4; I Maccab. vii. 15; Joseph. Antiq. xiv. 1. 2) ; when a solemn asseveration was made (Gen. xiv. 22 ; Judg. xxi. 1-7 ; I Sam. xiv. 39, 44 ; xix. 6) ; and when allegiance to God, fealty to a sovereign, or obedience from an inferior to a supe rior, was professed (1 Kings xviii. to ; 2 Kings xi. 17 ; 1 Chron. xi. 3 ; xxix. 24 ; 2 Chron. xv. 14, 15 ; xxxvi. 13 ; Eccles. viii. 2 ; Joseph. //Wig.
xii. 1 ; xv. 10. 4). Public or judicial oaths are demanded by the Mosaic law on the four follow ing occasions :—i. When goods, deposited with any one, are stolen or destroyed, the depositary is to take an oath that he is not guilty in the loss, and the proprietor is bound to accept it without restitution (Exod. xxii. ro, t I ; I Kings viii. 31 ; 2 Chron. vi. 22). ii. When one is suspected of having found or otherwise come into possession of lost property, he is to take an oath, and thereby clear himself of the charge (Lev. vi. 3). iii. When a wife is suspected of incontinence, she is re quired to clear herself by an oath (Num. v. 19-22); and iv. When a theft is committed, or an injury sustained, and the offender remains undetected, a judicial oath is to be imposed upon the whole com munity, or every one is adjured to make known the criminal, and if any one knows the culprit and re fuses to make him known after hearing this public adjuration, he bears the guilt (Lev. v. r ; Judg. xvii. 2 ; Prov. xxix. 24).
As to the forms of oaths and the manner in which they were taken, the Jews appealed to God with or without an imprecation in such phrases as God do so, and more also if,' etc. (r Sam. xiv. 44) ; As the Lord liveth' (I Sam. xiv. 39 ; xix. 6 ; 2 Sam. xv. 21 ; 1 Kings xviii. ro) ; As the Lord liveth, and as thy soul liveth' (I Sam.
xx. 3) ; The Lord he between thee and me for ever' (t Sam. xx. 23) ; The God of Abraham judge between us' (Gen. xxxi. 53). The Jews also swore By Heaven,' By the Earth,' By the Sun,' `By Jerusalem,' `By the Temple' (Dlishna, Shebuoth,1v. 2 ; Matt. v.34 ; xxiii. 16 ; Berachoth, 55 ; Kiddushin, 71 a ; Maimonides, lad Ha-Chezaka, Hilehoth Shebuoth, xii.) ; 'by the Angels' (Joseph. Wars, ii. 16. 4); by the lives of distinguished persons (Gen. xlii. 15 ; I Sam. i. 26 ; xvii. 55 ; 2 Sam. xi. I I ; xiv. 19). The external manners observed when taking an oath are as follows :—Originally an oath of a covenant was taken by solemnly ficing seven animals, or it was attested by seven witnesses or pledges, consisting either of so many animals presented to the contracting party, or of memorials erected to testify to the act, as is cated by one of the Hebrew names for oath (runnv), which properly denotes seven, and by the verb to swear (1)1M), which means to seven, to produce seven (comp. Gen. xxi. 28-31 ; Knobel, Comment.
on Gen, in loco). Another primitive custom which obtained in the patriarchal age, was that the one who took the oath, put his hand under the thigh' of the adjurer (Gen. xxiv. 2 ; xlvii. 29). This practice evidently arose from the fact that the geni-_ tai member, which is meant by the euphemic pression 'thigh (V), was regarded as the most. sacred part of the body, being the symbol of union in the tenderest relation of matrimonial life, and the seat whence all issue proceeds, and the perpetuity so much coveted by the ancients (comp. the phrase Gen. xlvi. 26 ; Exod. i. 5 ; Judg. viii. 3o). Hence this creative organ became the symbol of the Creator, and the object of wor ship among all nations of antiquity (comp. Ezek. xvi. 17; St. Jerome, Comment. in Hal. iv.; Nark,' Etymologisch-symbolisch-mythologisches terbuch, s. v. Phalluscultus ; Pauly, Real-Ency clopda'ie d. classischen Alterthummissenschaft, v. Phallus); and it is for this reason that claimed it as the sign of the covenant between. Himself and his chosen people in the site of circum-: cision. Nothing, therefore, could render the oath more solemn in those days than touching the symbol of creation, the sign of the covenant, and the source of that issue who may, at any future period, avenge' the breaking of a compact made with their genitor. To this effect is the explanation of the' Midrash, the Chaldee paraphrase of Jonathan b. Uzziel, Rashi, and the oldest Jewish expositors,. though it simply specifies the covenant of circum cision. Further from the point is the opinion of Ibn Ezra, followed by Rosenmiiller and others, that it is used as a symbol of submission on the part of the servant to his master. It appears to me more probable,' says Ibn Ezra, that it was the custom of those days for a servant to place his hand on his master's thigh ; and the meaning of the phrase is : Now if thou art under my subjection, put thy hand on my thigh. The master sat with [the servant's] hand on his thigh, as if saying, Behold my hand is in subjection to thee to execute thy will. And this custom still obtains in India' (Comment. on Gen. xxiv. 2). More unnatural is the explanation of Grotius, that Eliezer put his hand on Abraham's thigh, where the sword was hanging (Ps. xlv. 3), as much as to say, If I falsify my word, may I perish by thy sword ;' or that of Michaelis, that it alludes to a supposed custom of pressing blood from the hand by putting it under the thigh. The more general custom, however, was to lift up the right hand towards heaven, pointing to the throne of Him who is invoked as witness to the truth, and avenger of falsehood (Gen. xiv. 22 ; Deut. xxxii. 40 ; Dan. xii. 7 ; Rev. x. 5, 6). Hence the phrase, to lift up the hand,' came to denote to swear, to take an oath, and is even applied to the Deity (Exod. vi. 8 ; Ps. cvi. 26 ; Ezek. xx. 5). These practices chiefly refer to oaths taken in private intercourse, or on extra-judicial occasions. The manner in which a judicial oath was taken is thus described in the Jewish codes : The oath-taker held the scroll of the Law in his arms, stood up and swore either by the name of God or by any one of his attributes, with or without an imprecation rinntn), uttering it either by himself or repeating it after the judge, and this judicial oath, according to the ' enactment of our Rabbins, had to be taken in the ' Hebrew language. If he pronounced the oath by himself, and without an imprecation, he said, swear by Jehovah the God of Israel, or by Him who is merciful, or by Him who is compassionate, that I owe nothing to this man ;' and if with an imprecation, he said, Behold I am accursed of Jehovah, or of Him who is merciful, if I possess anything belonging to this man' And if the judges spoke the oath, they said to him : We ad jure thee by Jehovah, the God of Israel, or by Him who is merciful, that thou hast nothing which be longs to that man.' To which he replied 'Amen ! ' Or they said : ' Behold A the son of so and so is accursed of Jehovah the God of Israel, or of Him who is merciful, if he has any money in his pos session and does not confess it to the owner ; ' and he responded, Amen !' (Maimonides, lad Ha Chezaka, Hilchoth Shebuoth, xi. 8-to). Instead of holding the Law, the oath-taker was also allowed to touch the phylacteries (Maimonides, ibid.) This simple response, Amen Vt.:), or Thou hast said it (o0 arras), which was all that was required to constitute an oath in case any one was adjured (Num. v. 19 ; llEshna Shcbuot/i, iii. I I ; iv. 3), ex plains the reply of our Saviour (Matt. xxvi. 63, 64).