Talmud Bavli
Talmud Bavli

Reference for Shevuot 78:3

הוא בשאר עבירות בדיניה ורשעים דמשפחה בדין חמור ורשעים דעלמא בדין הקל צדיקי דהכא והכא פטירי

are free. In the case of a [false] oath, he and the wicked of his family are punished with hi punishment, and the wicked of the [rest of the] world, with a severe punishment; and the righteous, both here and there, with a light punishment.<span class="x" onmousemove="('comment',' The whole passage deals with people who were able to prevent the sin, and did not; righteous people are those who are righteous in other respects, but passive in not preventing sin; and wicked people are those who are wicked in other respects. Hence, in the case of a false oath, the righteous, both of the family and others, are punished by a light punishment, because they were able to prevent it, and did not; but in the case of other transgressions they are free, though they were able to prevent them, because other transgressions are not as serious as a false oath; and they were, in any case, merely passive. According to this, the statement of the Talmud (top of 39b) , that in the case of other transgressions they are punished if they were able to prevent the sin and did not (which implies, that in the case of an oath, they are punished even if they were not able to prevent it) , is, in the sequel, not accepted. This explanation of the passage is opposed to that of Maharsha who explains 'righteous' as those unable to prevent the sin. In that case, why should they, in the case of an oath, be punished? They did not commit the sin, and they were unable to prevent its commission. The view of the Maharsha seems to conflict with one's sense of justice, [V. however p. 238, n. 5].');"><sup>5</sup></span>

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