Mishnah Shevuot 3

¹Oaths are two, subdivided into four. “I swear I shall eat”, and “[I swear] I shall not eat”; “[I swear] I have eaten”, and “[I swear] I have not eaten”. “I swear I shall not eat”, and he ate [even] a minute quantity, he is liable, the words of Rabbi Akiva. They [the Sages] said to Rabbi Akiva: “Where do we find that he who eats a minute quantity is liable, that this one should be liable?” Rabbi Akiba said to them: “But where do we find that he who [merely] speaks brings a sacrifice, that this one should bring a sacrifice?” [If a man says,] “I swear I shall not eat” and he ate and drank, he is liable only once. “I swear I shall not eat and I shall not drink,” and he ate and drank, he is liable twice. ²“I swear I shall not eat,” and he ate wheat bread, barley bread, and spelt bread, he is liable only once. “I swear I shall not eat wheat bread, barley bread, and spelt bread,” and he ate [all three], he is liable for each one. ³“I swear I shall not drink,” and he drank many liquids, he is liable only once. “I swear I shall not drink wine, oil, and honey,” and he drank [all three], he is liable for each one. ⁴“I swear I shall not eat,” and he ate foods which are not fit to be eaten, and drank liquids which are not fit to be drunk, he is exempt. “I swear I shall not eat,” and he ate carrion, trefot, and reptiles and creepy things, he is liable. Rabbi Shimon exempts him. He said, “I vow that my wife shall not benefit from me, if I have eaten today,” and he had eaten carrion, trefot, forbidden animals, or reptiles, his wife is prohibited to him. ⁵It is the same [whether he swears of] things concerning himself, or of things concerning others, or of things which have substance, or of things which have no substance. How so? [If] he said, “I swear that I shall give to so-and-so”, or “I shall not give”; “I have given”, or “I have not given”; “I shall sleep”, or “I shall not sleep”; “I have slept”, or “I have not slept”; “I shall throw a pebble into the sea”, or “I shall not throw”; “I have thrown”, or “I have not thrown”; [he is liable.] Rabbi Ishmael says: “He is liable only for [an oath with regards to] the future, for it says, “To do bad or to do good” (Leviticus 5:4). Rabbi Akiva said to him: “If so, we would know only such cases where doing evil and doing good are applicable; but how do we know such cases where doing evil and doing good are not applicable? He said to him: “From the amplification of the verse.” He said to him: “If the verse amplifies for that, it amplifies for this also.” ⁶If he swore to annul a commandment, and did not annul it, he is exempt. [If he swore] to fulfill [a commandment], and did not fulfill it, he is exempt. For it would have been logical [in the second instance] that he should have been liable, as is the opinion of Rabbi Judah ben Bathyra. [For] Rabbi Judah ben Bathyra said, “Now, if for [swearing with regards to] an optional matter, for which he is not adjured from Mount Sinai, he is liable [should he not fulfill his oath], for [swearing with regards to] a commandment, for which he is adjured from Mount Sinai, he should most certainly be liable [should he not fulfill his oath]! They said to him: “No! If you say that for an oath with regards to an optional matter [he is liable], it is because [Scripture] has in that case made negative equal to positive [for liability]; But how can you say that for an oath [to fulfill] a commandment [he is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a commandment], and did not annul it, he is exempt! ⁷“I swear I shall not eat this loaf”; “I swear I shall not eat it”; “I swear I shall not eat it”; and he ate it, he is liable only once. This is the oath of utterance, for which one is liable, for its willful transgression, flogging; and for its unwitting transgression, a sliding scale sacrifice. For a vain oath one is liable for willful transgression, flogging, and for unwitting transgression one is exempt. ⁸What is a vain oath?If he swore that which is contrary to the facts known to people, saying of a pillar of stone that it is of gold; or of a man that he is a woman; or of a woman that she is a man. If he swore concerning a thing which is impossible, [for instance if he said,] “If I have not seen a camel flying in the air”, or “If I have not seen a serpent as thick as the beam of the olive press”. If he said to witnesses, “Come and bear testimony for me”, [and they replied,] “We swear that we will not bear testimony for you”. If he swore to annul a commandment, [for example] not to make a sukkah, or not to take a lulav, or not to put on tefillin. These are vain oaths, for which one is liable, for intentional transgression, lashes, and for unintentional transgression one is exempt. ⁹[If one said:] “I swear I shall eat this loaf”; [and then he said,] “I swear I shall not eat it,” the first is an oath of utterance, and the second is a vain oath. If he ate it, he transgressed the vain oath; if he did not eat it, he transgressed the oath of utterance. ¹⁰The oath of utterance applies to men and women, to relatives and non-relatives, to those qualified [to bear witness] and those not qualified, [whether uttered] before the court, or not before the court, [but it must be uttered] with a man’s own mouth. And he is liable, for intentional transgression, lashes, and for unintentional transgression, a sliding scale sacrifice. ¹¹A vain oath applies to men and women, to relatives and non-relatives, to those qualified [to bear witness] and those not qualified, [whether uttered] before the court, or not before the court, [but it must be uttered] with a man's own mouth. And he is liable, for intentional transgression, stripes, and for unintentional transgression he is exempt. [In the case of] both this and that [oath], if he was adjured by the mouth of others, he is liable. How so? If he said, “I have not eaten today,” or, “I have not put on tefillin today” [and the another person said,] “I adjure thee,” and he said, “Amen!”, he is liable [if his oath was false].