If he swore to annul a precept, and did not annul it, he is exempt; to fulfil [a precept], and did not fulfil it, he is exempt; though logically [in the second instance] He should have been liable, as is the opinion of R. Judah b. Bathyra: [for] R. Judah b. Bathyra said: now, if for an optional matter, for which he is not adjured from Mount Sinai, he is liable; for a precept, for which he is adjured from Mount Sinai, he should most certainly be liable! They replied to him: no! If you say that for an oath in 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 fulfil] a precept [He is liable], since [Scripture] has not in that case made negative equal to positive, for if he swore to annul [a precept], and did not annul it, he is exempt |
שבועות 3.6 |
`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 wilful transgression, stripes; and for its unwitting transgression, a sliding scale sacrifice. For a vain oath one is liable for wilful transgression, stripes; and for unwitting transgression one is exempt |
שבועות 3.7 |
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