Oaths About Past and Future and the Liability for a Forgotten Oath

Yalkut Shimoni on Torah 472:2

If one said "I swear that I will give to so-and-so," "that I will not give," "that I gave," "that I did not give," "that I will sleep," "that I will not sleep," "that I slept," "that I did not sleep," "that I will throw a stone into the sea," "that I will not throw," "that I threw," "that I did not throw" - Rabbi Yishmael says he is liable only for the future, as it says "to do evil or to do good." Rabbi Akiva said to him: I have only matters that involve doing evil or good; from where do I learn matters that involve neither? Scripture says "or if a person swears to pronounce with the lips." I have only the future; from where the past? Scripture says "whatever a person utters in an oath." Rabbi Yochanan said: Rabbi Yishmael, who served Rabbi Nehunya ben HaKaneh who expounded the whole Torah by general-and-particular, also expounds by general and particular. Rabbi Akiva, who served Nahum of Gamzu who expounded by amplification and limitation, also expounds by amplification and limitation: "or if a person swears" amplifies, "to do evil or to do good" limits, "whatever a person utters" amplifies again - amplification, limitation, amplification includes everything. What does it include? Every matter. What does it limit? It limits a matter of commandment. The Rabbis taught: "the person in an oath" excludes one under compulsion; "and it is hidden" excludes one who acts deliberately; "from him" excludes one from whom the oath was hidden. One might think it means the object was hidden from him; Scripture says "in an oath and it is hidden from him" - he is liable for forgetting the oath, not for forgetting the object. They mocked this in the West: when is the oath forgotten but not the object? As when he says "I swear I will not eat wheat bread" and thinks he is permitted to eat, for he forgot the oath but remembers the object. Rabbi Elazar said: this case and that are one and the same.

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