Vows 8:1

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asked 2 months ago

A. “How can we swear to keep the commandment as it is said, I have sworn and will keep to keep your righteous judgments, and it is not an oath and it is standing on Mount Sinai, but it is not a sign that my laws are for him, for the sake of his soul.” It is difficult for me, O Lord, if what the children of Israel swore to keep the commandments is truly an oath, then it follows that for every sin or deed a person commits, he will also be punished, and he is obligated to be whipped, and if this is not truly an oath but a warning, then how can we learn from this the laws of oaths?
on. “Mr. Rav Yosef, if he was expelled in a dream, then he should be permitted by the people.” And so did Maimonides. I wanted to know what the Rabbi’s opinion was on the subject of the laws of dreams?

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מיכי Staff answered 2 months ago

Very good question. I have often commented in the past that it is unlikely that there was actually an oath there. It is not described anywhere that they swore. This is a legal fiction that helps us deal with our obligation to fulfill a commandment in a systematic halakhic way (search the fictions website). Beyond that, I brought up the question of the MLA how this oath is binding, since it predates the Torah and the obligation to swear was renewed in the Torah itself. Following the advice of the Abenz Yod Si’ Sho, I explained that this is an oath that precedes the giving of the Torah, like the shavuot of the fathers, and that even minors and gentiles are bound by it, but there is no halakhic law here and no whippings like an oath with a miracle, etc. as defined by the halakhic law. You can look that up too. See the article Mida Tova 1967, Parashat Makatz.

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