Responsa for Nedarim 55:10
אמר רב הונא תנא בית שמאי אומרים לא יפתח לו בשבועה ובית הלל אומרים אף יפתח לו בשבועה לבית שמאי בשבועה הוא דלא יפתח לו הא בנדר יפתח לו והא תנן בית שמאי אומרים לא יפתח לו בנדר
it is different when made under duress.
Teshuvot Maharam
Q. The burghers forced some Jews to take an oath on the Scroll of the Law that they would not clip the coins. While taking the oath the Jews made mental reservations, to their verbal statements, which they believed invalidated the oath. They proceeded, therefore, to clip the coins.
A. Whether or not one has taken an oath not to clip coins, the doing so is a serious crime, the perpetrators of which deserve severe punishment. Clipping coins is tantamount to stealing and robbing, and robbing Gentiles is a crime. Furthermore, such an act creates a public nuisance as it may result in causing great injury to other Jews innocently passing on these coins. It may even cause widespread disaster, and has already led to a great deal of bloodshed. Thus, clipping coins brought about the destruction of our brethren in France and Britain. In addition to committing a basic crime, these Jews broke their solemn oath to the burghers. Mental reservations do not invalidate an oath occasioned by legal circumstances. The talmudic ruling (Ned. 28a) that a person may invalidate his oath to extortionists and murderers by mental reservations, does not apply in this case; for, while extortionists and murderers, by administering an oath, strive to bolster their criminal purposes, it is legal and proper for a king or civil authority to forbid the clipping of coins. Therefore, their oath to the burghers was valid despite their mental reservations. Moreover, when the Gentiles will learn that the Jews clipped coins despite their oath — and they are bound to discover it sooner or later — they will suspect the Jews of wilfully breaking their oath. Should the latter inform the Gentiles that they disregarded their oath because of mental reservations, the consequences might be still more serious; for Gentiles will never again believe a Jew under oath. Therefore, if your authority and my authority carry enough weight, these Jews should be properly flogged.
This Responsum is addressed to: "My teacher Rabbi Judah."
SOURCES: L. 246; Mordecai Hagadol, p. 337c.
A. Whether or not one has taken an oath not to clip coins, the doing so is a serious crime, the perpetrators of which deserve severe punishment. Clipping coins is tantamount to stealing and robbing, and robbing Gentiles is a crime. Furthermore, such an act creates a public nuisance as it may result in causing great injury to other Jews innocently passing on these coins. It may even cause widespread disaster, and has already led to a great deal of bloodshed. Thus, clipping coins brought about the destruction of our brethren in France and Britain. In addition to committing a basic crime, these Jews broke their solemn oath to the burghers. Mental reservations do not invalidate an oath occasioned by legal circumstances. The talmudic ruling (Ned. 28a) that a person may invalidate his oath to extortionists and murderers by mental reservations, does not apply in this case; for, while extortionists and murderers, by administering an oath, strive to bolster their criminal purposes, it is legal and proper for a king or civil authority to forbid the clipping of coins. Therefore, their oath to the burghers was valid despite their mental reservations. Moreover, when the Gentiles will learn that the Jews clipped coins despite their oath — and they are bound to discover it sooner or later — they will suspect the Jews of wilfully breaking their oath. Should the latter inform the Gentiles that they disregarded their oath because of mental reservations, the consequences might be still more serious; for Gentiles will never again believe a Jew under oath. Therefore, if your authority and my authority carry enough weight, these Jews should be properly flogged.
This Responsum is addressed to: "My teacher Rabbi Judah."
SOURCES: L. 246; Mordecai Hagadol, p. 337c.
Ask RabbiBookmarkShareCopy