When Only the One Who Hears the Oath Bears the Guilt

Yalkut Shimoni on Torah 470:2

Curated by Arthur·Told by Maggid·

(Leviticus 5:1) Had Scripture said only "and she shall hear," one might think that even one who tells his fellow "go and worship idols" should be liable, and that if the one who speaks is not liable, then surely the one who hears should be liable. But here is a proof that the speaker is not liable while the hearer is: do not be astonished, then, at the case of one who says to his fellow "go and worship idols," for even though the speaker is not liable, the one who hears may yet be liable. Scripture therefore teaches, "and she shall hear the voice of an oath" (Leviticus 5:1), and "oath" here means nothing other than a sworn oath, as it says, "and the priest shall make the woman swear with the oath of cursing" (Numbers 5:21). I might know only of a curse that carries a sworn oath; how do I know to treat a curse without a sworn oath like a curse with one? Scripture says, "and she shall hear the voice of an oath." Rabbi Akiva said: I know only of one who swears falsely on his own initiative and deliberately. From where do I include one who swore on his own initiative in error, or at the bidding of others deliberately, or at the bidding of others in error? Scripture says, "and he is a witness, whether he has seen or known; if he does not tell, he shall bear his iniquity" (Leviticus 5:1), to include them all. If a man sent for witnesses by his son, his servant, or his messenger, or the defendant himself said "I adjure you to come and testify for me," one might think they are liable; Scripture says "and she shall hear the voice of an oath, and he is a witness" - they are not liable until they hear it from the mouth of the claimant himself. What is the textual basis? Rabbi Elazar said: it is written "if lo [to him] he does not tell" - meaning if he does not tell the claimant he bears his guilt, but if he fails to tell another he is exempt. Three times the word "lo" is written in the Torah with aleph-lamed yet read as "to him": "which has no legs" (Leviticus 11:21), "which has no wall" (Leviticus 25:31), and "if he does not tell" here. If one said "I adjure you, so-and-so and so-and-so, to come and testify for me," but they knew only secondhand testimony, or one of them was a relative or otherwise disqualified, one might think they are liable; Scripture says "and he is a witness" - the rule applies only when they are fit to testify, not when they are disqualified from giving testimony. If a man stood in the synagogue and said "I adjure you, if you know testimony for me, to come and testify," one might think the whole congregation is liable; Scripture says "and he is a witness" - he is liable only when he intends a specific person. And if the adjuration came before the testimony rather than after, one is exempt, for liability holds only when the testimony preceded the oath. From where do we know this speaks only of a monetary claim? Rabbi Eliezer derives it by a verbal analogy between the "o" ("or") here and the "o" elsewhere. Rabbi Akiva derives it from "and it shall be when he is guilty in one of these" (Leviticus 5:5) - some of these incur guilt and some do not; if he was claimed for money he is liable, but for another matter he is exempt.

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