Why the Law of the Oath Omits the Word Shegagah

"If a soul sins and hears the voice of an adjuration [and he is a witness, or has seen, or has known]" (Leviticus 5:1). The Holy One, blessed be He, said: If you wish to testify, testify; and if not, I Myself testify, as it is said, "and he is a witness." And whence do we know that the Holy One, blessed be He, is called a witness? As it is said, "And I am the One who knows and a witness, says the Lord" (Jeremiah 29:23). Come and see: in all the sections written in this book the word "unintentional error" (shegagah) is written, except for this section, in which "unintentional error" is not said. Concerning him Solomon said, "Do not let your mouth bring your flesh into sin [and do not say before the angel that it was an unintentional error]" (Ecclesiastes 5:5). A parable: it is like two who pelted an image (ikonin) of the king, one drunk and one in his right mind. The two of them were seized and brought up to the tribunal (bima); and a verdict (apophasis) was given against the one in his right mind, and the drunk one was released. So too: everyone who sins, "unintentional error" is written concerning him: "If a soul sins by unintentional error" (Leviticus 4:2, etc.); "And if the whole congregation of Israel errs" (Leviticus 4:13). And all of them, because they sin by unintentional error, bring an offering and it is forgiven them, as it is said, "And it shall be forgiven to all the congregation of the children of Israel, and to the stranger who sojourns among them, for it happened to all the people by unintentional error" (Numbers 15:26). But the blasphemer receives a verdict (apophasis), as it is said, "And he who blasphemes the name of the Lord shall surely be put to death" (Leviticus 24:16). [And it is written:] "And you shall swear, 'As the Lord lives,' in truth, in justice, and in righteousness [and nations shall bless themselves by Him, and by Him shall they glory]" (Jeremiah 4:2). And the Scripture says, "The Lord your God you shall fear, and Him you shall serve, and to Him you shall cleave" (Deuteronomy 10:20), and afterward, "and by His name you shall swear." "The Lord your God you shall fear" — that you be like those three of whom it is written "fearing God." Of Abraham it is written, "for now I know that you fear God" (Genesis 22:12). And of Joseph it is written, "I fear God" (Genesis 42:18). And of Job it is written, "fearing God and turning away from evil" (Job 1:2). "And Him you shall serve" — that you be occupied with Torah and with the commandments. "And to Him you shall cleave" — that you honor the disciples of the wise and benefit them from your possessions. Moses said to Israel: Do not suppose that perhaps I have permitted you to swear by My name even in truth; rather, if all these qualities are in you, you are permitted to swear by My name, and if not, you are not permitted to swear by My name even in truth. Do not be like those of whom it is written, "swearing falsely and offering incense to Baal" (Jeremiah 7:9). Fulfill all these qualities, and afterward you are Mine, as it is said, "If you return, O Israel, says the Lord, return to Me," and afterward, "and you shall swear, 'As the Lord lives'" (Jeremiah 4:1-2).