Mtizvah 7: To Use HaShem’s Name when taking an oath

The Rambam teaches us the seventh mitzvah is that when taking an oath we must do so using His Name.

Rambam writes “Just as making an untrue oath is a prohibition, to make an oath of truth when the circumstance arises that require an oath, is a mitzvah. It is a great act because using HaShem’s Name in this context brings much respect and is a form of serving HaShem.”

It is important to point out that there is no mitzvah to make the oath; the mitzvah is that when a person makes the oath he should do so by invoking HaShem’s Name. This is similar to the mitzvah of slaughtering an animal in the correct manner which is a mitzvah. Although we are not obligated to slaughter an animal at all, nevertheless, when we choose to eat meat then we are obligated slaughter the animal in the proper fashion. Similarly, if one chooses not to take an oath they have that prerogative, nevertheless if they choose to take the oath it is a mitzvah to do so with HaShem’s Name.

There are other mitzvos that deal with the laws of taking oaths. It is noteworthy that Rambam does not list this mitzvah along with those mitzvos. Perhaps the reason for this is because this mitzvah can be classified with the primary mitzvos just as the other mitzvos that are listed with this mitzvah are. I use “primary” to describe mitzvos that deal with core religious issues such as loving HaShem and fearing HaShem rather than the mitzvos that are secondary such as fasting on Yom Kippur and blowing the shofar on Rosh Hashanah.

In order to gain a comprehensive picture of this mitzvah it is worthwhile learning the various types of oaths.

1. Oaths that are administered by a Jewish court;
a. When the plaintiff brings a single witness who testifies that the defendant owes him a sum of money, which the defendant denies
b. When the defendant admits to part of the plaintiff’s claim but denies the rest
c. When a person who accepted responsibility to watch the other person’s article claims that the article was stolen

In these cases the defendant takes an oath administered by the court to the effect of his claim

2. Self administered oaths;
a. A person may take an oath to do something or to refrain from doing something for the purpose of motivating himself to do something good or to motivate himself in refraining himself from being involved in something wrong or harmful.

In all of these oaths the name of HaShem is invoked in the following manner. “By the truth of HaShem I do not owe more 50 dollars to the plaintiff (the plaintiff claimed that I owe him $100)”. “By the truth of HaShem the article was stolen in spite of my careful guarding of it.” “By the truth of HaShem I will not touch a cigarette for the entire month.”

In all of these circumstances there is a mitzvah to make the oath using the Name of HaShem.