Torah Community Connections

Week 120 - Thursday - 14 March 2002

SHEVUOT: CHAPTER 4: MISHNAH 9

"I adjure you that when you become aware of evidence on my behalf, you come and testify for me," they are exempt, because the oath preceded the evidence.

Kehati

This mishnah teaches that witnesses are only liable for violating the oath of testimony if the evidence preceded the oath, i.e., that when they swore they already were in fact witnesses.

If a person said to witnesses: "I adjure you that when you become aware of evidence on my behalf, you come and testify for me" - and they accepted his adjuration (see Rambam Hilkhot Shevuot 9:8). According to others, they did not answer him at all Tosefot R. Akiva Eiger). Some time later they came to know of evidence on his behalf and he asked them to testify for him, and they denied knowing it - they are exempt from the oath of testimony offering, because the oath preceded the evidence when the claimant adjured them, they did not yet have any testimony for him and the Torah states: “...and hears the voice of adjuration, and is a witness, whether he has seen or known of it" (Lev. 5:1) - i.e. he already is a witness (Gemara).

SHEVUOT: CHAPTER 4: MISHNAH 10

If a person stood in the synagogue and said: "I adjure you that if you are aware of evidence on my behalf, you come and testify for me," they are exempt unless he addressed himself directly to them.

Kehati

This mishnah teaches that witnesses are not liable for the oath of testimony unless the claimant directed himself to them personally and adjured them to testify for him. But if he directed himself generally to a public and adjured that whoever is aware of evidence should come and testify on his behalf, and there happened to be witnesses among them, and when he asked them to testify they denied any knowledge, they are exempt, because he did not adjure them specifically. (Rambam).

If a person stood in the synagogue and said, addressing himself generally to the public: "I adjure you that if you are aware of evidence on my behalf, you come and testify for me" - i.e., that anyone who is aware of such evidence on my behalf should come and testify, and they all said, "Amen." Even if there were two people among the public who were indeed witnesses, and the claimant later asked them to testify, and they denied any knowledge - they are exempt from the liability of the oath of testimony - unless he addressed himself directly to them - to the two witnesses, for the Torah says: "...and hears the voice of adjuration and is a witness" - if he specified his witnesses. However, if he said: "I adjure all who are present who are aware of evidence on my behalf to come and testify for me," and there were witnesses among them, and they denied all knowledge, then they are liable to an offering on account of the oath of testimony, because he said "all who are present," thereby singling them out. So also the baraita cited in the Gemara (35a): If he saw a group of men standing, and his witnesses were among them, and he said to them, "I adjure you that if you are aware of evidence on my behalf, you come and testify for me," I might think they should be liable, therefore the verse says, "and he is a witness," but in this case he did not single out his witnesses. I might think that even if he said, "all who are present" (The witnesses are also exempt), therefore the verse says, "and he is a witness," and in this case he did single out his witnesses (see Gemara and Rashi; see also Lehem Mishneh's comment to Rambam Hilkhot Shevuot 9:9,) to the effect that even if he knew that his witnesses were present, and he recognized them, but he only said, "I adjure you," but not "all who are present," they are not liable.

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