After writing up my post an Oath to Sin (Part 1), I decided to formulate a question to Kollel Eretz Hemda in Israel. Here is their response.
Question: Hi, I have got a couple of questions regarding the halachot of making an shevua in halacha. 1) If a person had to say in English "I promise …" would that make it a shevua? Does the persons intent or whether or not he wishes for it to be a shevua have an impact or is purely the terminology of language. (I have heard different opinions on this matter) 2) It seems that halachically speaking a person can make an oath to commit a sin and that oath would take effect. Two examples that illustrate that point to me are: Jepthah and his daughter ((Judges Chapter 11, verses 29 – 40) and a case brought by the Rambam (Hilchot Shavuot 5:17) where a person makes an oath to harm himself.These cases both seem very strange to me and quite frankly quite dangerous, how can these shevuoat take effect? Letting my imigination run wild and going along the same theme, if a person would make an oath to treat a irriligious jew like the din of an akum, would that shevua take effect? If he made a shevua to follow the halacha as paskened by the Rambam in hilchot mamrim chapter 3 of the obligation to kill the apikorus what that shevua take effect? As mentioned, the above seems very strange and quite dangerous from a moral perspective, but yet it seems to me that such shevuat could take effect based on the above mentioned sources. Seems very dangerous to me, what are your thoughts on the matter? Answer: One would receive lashes only for an oath in which one mentions the Divine Name. However, even if one doesn’t mention the Divine Name or name referring to Hashem- it is still prohibited. 1. One accepts an oath by uttering an expression that is used to mean an oath. There is no need for the dictionary definition to explain the words to be an oath. Rather, any word that one is accustomed to use in order to say that one has taken an oath is considered an oath. From here it is derived that a mere promise isn’t within the framework of an oath. Similarly, an expression of ‘I promise’ isn’t an oath, but rather a promise. 2. Hashem decided to give us power to effect the world. He allowed us free will, and gave us the power of speech, that has the added power toprohibit objects from ones use, and obligate one to do certain actions. This power isn’t limited to doing good. That’s why it is possible to take an oath that is unethical or that causes evil to someone. The reason why it is impossible to take an oath on a mitzvah is because that we have all sworn at Mt. Sinai to keep the mitzvoth, and an oath does not take effect on a [preexisting] oath, not because it is bad to sin. An oath therefore takes effect if a person has sworn to harm himself, since it isn’t explicitly mentioned in the Torah that it forbidden to injure oneself. Regarding Yiftach, the commentators have already written that he was mistaken, and the vow did not take effect. 3. In our times, the majority of Acharonim view Sabbath violators as Tinok She’nishba (literally- children taken into captivity, and therefore cannot be expected to know Halakhah. The term expresses that they cannot be liable for their sins), One who has sworn to kill a Sabbath desecrator (or to push him into a pit) is one who has sworn to perform a transgression. Therefore, the oath does not take effect.With Torah Greetings from Israel
And Blessings from the Rabbis of Eretz Hemda