3. Import and sanctity of an Oath.—The only oath enacted in the Mosaic code is a clearance oath, I. e., the prosecutor is not to be put on his oath to prove the guilt of the accused, but the defendant is to swear and thereby clear himself of the charge or suspicion (Exod. xxii. I I ; Lev. v. I ; vi. 3 ; Num.
v. 19-22). Hence the great care exercised in in culcating the sanctity of oaths, and the heavy punishnrent for perjury or frivolous swearing (Exod. xx. 7 ; Lev. xix. 12 ; Dent. xix. 16.19 ; Ps. xv. 4 ; Jer. v. 2 ; vii. 9 ; Ezek. xvi. 59 ; Hos. x. 4 ; Zech. viii. 17 ; JMishcis Shebuoth, iii. I I ; iv. 3). Hence the Jewish canons enacted that when the demand of the prosecutor is very trifling, the de fendant's simple denial is sufficient, and he cannot be compelled to take the judicial oath to clear him self (Mishna Shebuoth, vi. 1-3). For the same reason it is enacted that when the complainant is deaf and dumb, silly, or a minor, the defendant need not take the oath, because such people, not being able to appreciate the solemnity of the oath, may multiply swearing on too trivial grounds ; and that a minor is not to be asked to take an oath (Shebuoth, vi. 4). though forbidden to bear witness on oath (Dent. xix. 17 with Alishna Shebuoth, iv. 1), may take the clearance oath (Mishna, ibid., v. t). If one simply says to another, • ./ adjure thee,' the oath is valid ; but if any one swears by heaven, earth, Jerusalem, or any other creature, the oath is invalid (Mishna, Shebuoth, iv. 13). As this oath could be taken with impunity, it became very common among the Jews, who thought that be cause it involved nothing it meant nothing. Hence the remarks of our Saviour (Matt. v. 34-36 ; xxiii. 16-22). If any one swears frivolously, which is de fined by the Jewish canons as follows : if he swears that something is different to what it is known to be, ex. gr., if he says that a stone pillar is gold, that a woman is a man ; or if it is about anything impossible, that he saw a camel flying in the air ; or if any one says to witnesses, ' Come and give tes timony to what you have seen,' and they say, 'We swear that we will not bear witness' (Lev. v. I) ; or
if one swears to transgress a commandment, ex. gr., not to make a tabernacle, or not to put on phylacte ries : this is a frivolous oath, for which, if taken deliberately, the man must he scourged (Mishna, Shebuoth, iii. 8). So great was the sanctity with which the pious Jews, prior to the days of Christ, re garded an oath, that they discountenanced swearing altogether (comp. Ecclus. xxiii. II, etc. ; and espe cially Philo, de decent oraculir, sec. xvii., Opp. tom. ii., p. 194, etc., ed. Mangey). The Pharl sees took great care to abstain from oaths as muck as possible (comp. Shebuoth, 39 b ; 35 a; Midrash Rabba on Num. xxii.), whilst the Es series laid it down as a principle not to swear at all, but to say yea yea, and nay nay. How firmly and conscientiously they adhered to it, may be seen from the fact that Herod, who, on ascending the throne had exacted an oath of allegiance from all the rest of the Jews, was obliged to absolve the Essenes from it (comp. Joseph. xv. to 4 ; Ginsburg, The Essenes, their History and Doctrines, Longman 1864, p. 34). Whether our Saviour's prohibition of swearing (Matt. v. 33-37) refers to the same total abstinence from all judicial oaths, or to profane and careless oaths, is a matter of dis pute.
4- Mishna, Tractate Shebuoth; Maimonides, lad Ila-Chezaka, Ililchoth Shcbuoth, vol. iii., p. 1, ; Lightfoot, Hebrew and Talmu dic& .Exercitations on Matt. v. 33 ; Franke], Die Eidesleistung der in theologischer and his torircher Beziehung, 2d ed., Breslau 1847 ; by the same author, .Der gerichtliche Beweis stack Mosaisch talmuelischen Rechte, Berlin 1846, p. 304, ff. ; Saal schiitz, Das Mosaische Recht, Berlin 1853, p. 608, ,ff. ; Ewald, Die Alterthiimer des Volkes Israel, Gottingen 1854, p. 15, ff.—C. D. G.