by Rav Moshe Leib HaCohen Halbershtadt, Founder and Director of YORU Jewish Leadership, yeshiva.org.il, translated by Hillel Fendel.
This week's Torah reading is a double
portion, Mattot and Mas'ei (beginning in Bamidbar 30,2 until the end of the
Book, chapter 36). Mattot begins with a set of laws given to Moshe Rabbeinu
regarding vows: "If a man makes a vow to G-d, or swears to prohibit
something to himself - he may not violate his word; whatever comes out of his
mouth, he shall do."
The Medrash Tanchuma says that this
mitzvah is a type of warning from G-d: "Be very careful with vows (nedarim);
do not violate them, for whoever does so, will end up violating oaths (sh'vuot)
– which is like denying the existence of G-d, and will never be forgiven, as is
written, 'G-d will not cleanse he who takes His name in vain'"
(Sh'mot 20,6).
Why are vows and oaths so severe that
their violation appears to be worse than a regular lie? And what about oaths is
worse and graver than vows, that violating the former is like denying G-d?
The
Medrash Bamidbar Rabba (22,1) quotes Jeremiah 4,2: “You will take an
oath: As the Lord lives, in truth, in justice and in righteousness” (4,2).
The Medrash says that the Holy One, blessed be He, said to Israel: "Do not
think it is permitted for you to take an oath in My name, even a truthful one.
You are permitted to swear in My name only if you have all these attributes:
You are G-d-fearing, you serve G-d exclusively, and you cleave to G-d." Two
verses in Deuteronomy (6,13 and 10,20) link "permission" to take an
oath with the traits of fearing G-d and serving Him [and one of the verses also
adds "cleaving to G-d"].
The
Medrash continues to say that we must be G-d-fearing like Abraham, Job, and
Joseph. Abraham – as G-d told him: “For now I know that you are
God-fearing” (B'reshit 22,12); Job, as is written about him: “A
virtuous and upright man, fearing God” (Job 1,8). And Joseph, as he
told Pharaoh, “It is G-d that I fear” (B'reshit 42,18).
The
Medrash also cites verses regarding the importance of serving G-d exclusively,
explaining that we must devote ourselves to Torah and to engaging in mitzvot,
and have no other work. And finally, the third trait: “To Him you shall
cleave” (Deuteronomy 10,20) – the Medrash asks: "How can a person
cleave to the Divine Presence? Is it not stated that "the Lord your
God is a consuming fire” (ibid. 4,24)? Rather, the verse means: Anyone who marries
his daughter to a scholar who studies Bible and Mishna, and engages in commerce,
and benefits [the scholar] from his property – he is the one about whom it is
stated: “To Him you shall cleave.”
The
Medrash concludes that only one with these qualities is permitted to take an
oath." To back this up, the Medrash recounts an incident involving King
Yannai, "who had two thousand cities - and all of them were destroyed due
to oaths that were fulfilled. How so? One person would say to another: ‘I swear
that I am going to such and such place, and I will drink something in such and
such place,’ and then they would go and fulfill their oath - and the cities were
destroyed. If this is the punishment for taking a true oath, how much more so
for one who takes a false oath."
This strong point also raises a strong question. We know that the Torah permits us to take an oath or make a vow, and merely requires us to make sure to fulfill them. Why the does the Medrash indicate that one is not permitted to swear even for truth? And if it is in fact such a grave sin, even leading to the destruction of 2,000 cities of King Yannai, why is it permitted for one who fears G-d and marries his daughter to a Torah scholar whom he supports?
Let us first understand the difference between oaths and vows. The Yalkut Shimoni says that making a vow is like vowing in the life of the king, while taking an oath is like swearing upon the king himself. Homiletic support for this is brought from the words of Elisha the Prophet to his mentor Eliyahu (Kings II 2,2): "By the life of G-d, and by the life of your soul."
The Ramban to this chapter in Bamidbar states simply: "Every vow is to G-d, and every oath is 'by' G-d."
Let us delve further. We know that it is forbidden to lie. If one says he will do something, even without a vow or an oath, he is obligated to keep his word, for the Torah commands, "From words of deception stay away" (Sh'mot 23,7). Regarding those who do not keep their word, our Sages taught: "He who punished the generation of the Flood, and the generation of the Tower of Babel, and the people of S'dom and Amora, and the Egyptians in the Sea of Reeds – He will be punish those who do not keep their word" (Bava Metzia 48a, Shulchan Aruch C.M. 33,4).
What is added to the prohibition by making a vow or taking an oath?
The Sefer HaChinukh, which explains in detail
all 613 Torah mitzvot, says the following, in one of the mitzvot (#74) having
to do with speaking falsehood:
"… falsehood is abominable and vile in the eyes of all. There is nothing more disgusting than it, and malediction and curse are in the house of those who adhere to it. This is because the blessed God is a truthful God, and everything with Him is true. Blessing is found only upon those who try to emulate Him: to be truthful, like He is truthful, and to be merciful and do kindness, as these are His attributes as well. But anyone whose deeds are the opposite of His good traits and who act with deception, the opposite of His traits will similarly always rest upon them. The opposite of blessing is malediction; the opposite of the joy and peace and enjoyment with Him is worry, strife and pain… Therefore the Torah warned us to distance ourselves much from falsehood, as is written, "From words of deception stay away." The Torah did not simply say it is forbidden, but rather that we must stay far from it, something it does not mention in the other warnings - due to it being very vile…"
A person makes a vow when he wishes to strengthen his commitment and add a
measure of obligation to that which he has said he will do. The problem is that
this implies a denial of the fact that he is obligated to keep his word even
without a vow. When he takes an oath, which is "by G-d," the problem
is even greater – for G-d is a G-d of truth, and if he dares not to comply with
what he swore to do, there is no greater denial of G-d than this; by violating
his word, he is actually declaring that he does not believe in G-d and sees no
need to fulfill his commitment that he took in His name! And on the other hand,
even if he does fulfill his oath, why did he feel the need for such a powerful
additional obligation in order to do the right thing? It shows the weakness of
his attribute of truth, as if without the oath he would not feel obligated to
keep his word.
We are thus left with the original
question: Since taking an oath is so negative and indicates a weakness in one's
propensity to truth, why is a G-d-fearing person who cleaves to the Divine
Presence permitted to take an oath?
The answer is: On the contrary!
Precisely his being a "man of truth" is what explains why he is
taking this oath! For in the above verse the Torah links together "G-d-fearing,
men of truth," showing that they are one and the same. And one who
"cleaves to G-d," as in the examples above (marrying his daughter to
a Torah scholar, etc.), thus cleaves to the G-d of truth, and is certainly
someone who will always keep his word – even without an oath or vow.
When he takes an oath, then, he is not
doing it to strengthen himself, but rather to make a declaration. He is stating
that he keeps his word not only because he is upright and honest, or because
that is the logical thing to do as one who lives with others – but because his attribute
of truth is another expression of his attachment to G-d. Thus, his oath
is not a weakness, but an add-on of strength!
We see that two people can do the
exact same thing, and while for one it is forbidden, because it expresses
weakness in his commitment to truth and closeness to G-d – for the other it is
permitted and welcome, because it manifests a powerful measure of truth and
added nearness to Hashem.