THE BAIS HAVAAD HALACHA JOURNAL: Volume 5775 Issue XXXVI Parshas Eikev The Basic Procedure of a Shevua in Bais Din The Process of Swearing, and the Modern Day Custom Regarding Oaths By Rabbi Yonnosson Sasportas

In this week’s Parshah, Moshe Rabbeinu says – You shall cleave to Hashem and swear in His Name. This statement is taken by the Rambam (Sefer Hamitzvos, 7) in its literal sense, and he considers taking an oath in the Name of Hashem to be a positive commandment. He mentions however, as the Chinuch (438) clarifies, that this refers only to an instance where an oath is being used to validate a claim in Bais Din. Swearing truthfully in the Name of Hashem without a purpose, or in vain, however, is prohibited by the third of the Ten Commandments.