Midrasch zu Dewarim 5:11

(Numb. 30:2–3 [1–2]:) THEN MOSES SPOKE UNTO THE HEADS OF THE TRIBES …: WHEN SOMEONE MAKES A VOW (neder) TO THE LORD, <….> Let our master instruct us: What about konamot (i.e., vows of abstinence) and vows (nedarim)?¹Tanh., Numb. 9:1. Thus have our masters taught (in Ned. 2:1): <IF ONE MAKES> A KONAM (i.e., a vow of absitinence) [THAT HE WILL NOT SLEEP, THAT HE WILL NOT SPEAK, THAT HE WILL NOT WALK; IF HE UTTERS A KONAM TO HIS WIFE THAT HE WILL NOT HAVE MARITAL RELATIONS WITH HER, SUCH A ONE IS LIABLE TO <THE INJUNCTION> (in Numb. 30:3 [2]): HE SHALL NOT BREAK HIS WORD. <IF HE SWEARS> AN OATH (shevu'ah)] THAT HE WILL NOT SLEEP, THAT HE WILL NOT SPEAK, THAT HE WILL NOT WALK, HE IS FORBIDDEN <TO DO SO>.²Cf. Ned. 2:2-5; Ned. 13b, 14b-15a; 20a; yNed. 2:2-5 (37b-6); above, Lev. 1:16; cf. Matthew 5:33-37; 23:16-22; James 5:12. Oaths (shevu'ot) carry more weight than vows (nedarim); and vows, than oaths. How so? <If one makes> a konam not to make a Sukkah, not to take up a Lulab, not to put on phylacteries, in the case of vows (nedarim) it is forbidden to put them on or to make them, even though they are commanded (in Torah); but in the case of oaths (shevu'ot) it is permitted, because one does not swear to transgress against the commandments. The Holy One said to the Israelites: Be circumspect with your vows (nedarim) and do not break them, for all who break vows (nedarim) end up in being faithless in oaths (shevu'ot). Moreover, the one who is faithless in oaths is denying me and will never have forgiveness, as stated (in Exod. 20:7 = Deut. 5:11): <YOU SHALL NOT TAKE THE NAME OF THE LORD YOUR GOD IN VAIN,> FOR THE LORD WILL NOT EXONERATE <ONE WHO TAKES HIS NAME IN VAIN>. It is also written (in Jer. 4:2): AND YOU SHALL SWEAR: AS THE LORD LIVES, <IN TRUTH, IN JUSTICE, AND IN RIGHTOUSNESS>. The Holy One said to the Israelites: Do not think that you have permission to swear in my name even in truth.³Numb. R. 22:1. You are not entitled to swear by my name unless you possess all the following attributes (of Deut. 10:20): THE LORD YOUR GOD YOU SHALL FEAR, [HIM YOU SHALL SERVE, TO HIM YOU SHALL HOLD FAST, AND BY HIM YOU SHALL SWEAR]:

(Numb. 30:3:) “When someone makes a vow (neder) to the Lord.” Let our master instruct us: How are konamot (i.e., vows of abstinence) and vows (nedarim)? Thus have our masters taught (in Ned. 2:1): [If one makes] a konam (i.e., a vow of absitinence) [that he will not sleep, that he will not speak; [if he utters a konam to his wife] “that I will not have marital relations with you,” such a one is liable to [the injunction] (in Numb. 30:3), “he shall not break his word.” [If he swears] an oath (shevu'ah)] that he will not sleep, that he will not walk, he is forbidden [to do so].¹Cf. Ned. 2:2-5; Ned. 13b, 14b-15a; 20a; yNed. 2:2-5 (37b-6); above, Lev. 1:16. Oaths (shevu'ot) carry more weight than vows (nedarim); and vows, than oaths. How so? [if one makes] a konam not to make a sukkah, not to take up a lulab, not to put on phylacteries, in the case of vows (nedarim) it is forbidden to put them on or to make them, even though they are commandments (of the Torah); but in the case of oaths (shevu'ot) it is permitted, because one does not swear to transgress against the commandments. The Holy One, blessed be He, said to Israel, “Be circumspect with your vows (nedarim) and do not break them; for all who break vows (nedarim) end up in being faithless in oaths (shevu'ot).” And the one who is faithless in oaths is denying the Holy One, blessed be He through it and will never have forgiveness, as stated (in Exod. 20:7 = Deut. 5:11), “for the Lord will not exonerate [one who takes His name in vain].” [Yet] it is also written (in Jer. 4:2), “And you shall swear, ‘As the Lord lives,’ [in truth, in justice, and in righteousness].” The Holy One, blessed be He, said to Israel, “Do not think that you have permission to swear in My name even in truth.²Numb. R. 22:1. You are not entitled to swear by My name unless you possess all the following attributes (of Deut. 10:20), “The Lord your God you shall fear, Him you shall serve, to Him you shall hold fast, [and by Him you shall swear]”: That you should be like those three who were called God-fearing, Abraham, Job, and Joseph: Abraham of whom it is written (in Gen. 22:12), “For now I know that you fear [God].” Concerning Job it is written (in Job 1:1), “the man was blameless [and upright, one who feared God].” Concerning Joseph it is written (in Gen. 42:18), “for I fear God.” Ergo (in Deut. 10:20), “The Lord your God you shall fear.” (Deut. 10:20, cont.:) “Him you shall serve.” [You do so,] if you turn [all] your attention to the Torah, fulfill [its] commandments and have no other work (abodah). It therefore is stated (ibid.), “Him you shall serve (rt.: 'bd).” (Deut. 10:20, cont.:) “To Him you shall hold fast.” Can one hold fast to the Divine Presence? Moreover, has it not already been stated (in Deut. 4:24), “For the Lord your God is a consuming fire?” It is simply [being stated with reference to] anyone marrying off his daughter to a scholar who reads [Scripture] and recites [Mishnah], that he engage in commerce³Gk.: pragmateia. for him and have him benefit from his assets.⁴Ket. 111b; cf. Sot. 14a. It is with reference to [such a] one that it is stated (in Deut. 10:20), “to him you shall hold fast.”
If you have all these [attributes] you may swear; if not, you are not entitled to swear. There is a story about King [Jannai], that he had two thousand towns and they all were destroyed because of a true oath. (Numbers 30:17:) “Between a man and his wife, between a father and his daughter.” Just like a man only annuls vows of self-affliction and matters between him and her, so too a father only annuls with regards to self-affliction and what is between him and her.

Our masters have said in the name of R. [Hanina] (Huna) the father of R. Aha, “The adulterer and adulteress transgress the Ten Commandments.”¹³Numb. R. 9:12. [They] said to [him], “In the case of nine, we concede [his transgressing them].” How is this? In the case of (Exod. 20:2 = Deut. 5:6:) “I [am the Lord your God],” because anyone who commits adultery with the wife of his acquaintance is, as it were, denying the Holy One, blessed be He. It is so stated (in Jer. 5:8, 12), “They have denied the Lord and said, ‘He does not exist.’” (Exod. 20:5 = Deut. 5:7:) [“You shall have no other Gods”], since it is written of Him (in Exod. 20:5 = Deut. 5:9), “for [I] the Lord your God am a jealous God.” Also it is stated two times concerning the adulteress (in Numb. 5:14), “If the spirit of jealousy came over him, and he is jealous of his wife.” But why two times? Because it (i.e., the meal offering of the next verse)¹⁴So Rashi on Numb. 5:15. excites jealousy for the Holy One, blessed be He, and for her husband, as stated (in Numb. 5:15), “for it is a meal offering of jealousies.” Thus it is a case of two jealousies. (Exod. 20:7 = Deut. 5:11:) “You shall not take the name of the Lord your God [in vain].” [One breaks this commandment] because he commits adultery and swears in vain that he has not done so. (Exod. 20:12 = Deut. 5:16:) “Honor your father.” When one commits adultery with the adulteress, she becomes pregnant from him. Then she says to her husband, “I am pregnant from you.” When the fetus is grown, it honors her husband, [since it] thinks that he is its father. Moreover, [the grown child] passes through the market and hits the adulterer, since he thinks that he is not his father. (Exod. 20:13 = Deut. 5:17:) “You shall not murder.” The adulterer goes in on condition that, if he is caught, he will kill or be killed. (Exod. 20:13, cont. = Deut. 5:17, cont.:) “You shall not commit adultery.” Obviously [this commandment is broken], because he is committing adultery. (Exod. 20:13, cont. = Deut. 5:17, cont.:) “You shall not steal.” [This commandment is broken] because he is stealing his neighbor's source (i.e., his wife's womb), and so it says (in Prov. 9:17), “Stolen waters are sweet […].” (Exod. 20:13, cont. // Deut. 5:17, cont.:) “You shall not bear [false witness] against your neighbor.” [The commandment is broken] in that [the adulteress] bears false witness [to her husband] and says, “I am pregnant from you.” (Exod. 20:14; cf. Deut. 5:18:) “You shall not covet your neighbor's house, and you shall not covet your neighbor's wife […].” [The commandment is broken] because whoever covets his friend's wife and commits adultery with her, covets everything that belongs to his friend.¹⁵Cf. Lev. R. 23:12. How? When the husband comes to depart from the world, he thinks that this son is his and writes him a will¹⁶Gk.: diatheke. of all his assets. So he bequeaths to him whatever he has without knowing that he is not his son. It turns out that the adulterer covets whatever belongs to his friend.
They said to R. Hanina, “Here we have told you nine [commandments]. In regard to] (Exod. 20:8; cf. Deut. 5:12:) ‘Remember [the Sabbath (day)],’ how does he transgress against it?” He said to them, “I will tell you: Sometimes when a priest has a priestly wife, and a [lay] Israelite adulterer has sexual intercourse with her, such that she bears [a child] from him, they consider him (i.e., the child) to be the son of a priest. Then when the baby goes on to minister in the Temple, arrange wood, and sacrifice on the Sabbath, he is found to be profaning the Sabbath. Hence the Ten Commandments are violated by the adulteress with the adulterer. Solomon also has said concerning her (in Eccl. 7:26), “And I find [the woman] more bitter than death, [(the woman) who has snares and nets (in her heart)].” What is the meaning of “snares (rt.: tswd)?” She lies in wait (rt.: tswd) in this world and for the world to come.¹⁷The inference is from the fact that SNARES is plural and implies a minimum of two. And “nets?” The net catches [prey] in the water but does not catch [any] on dry land. The woman, however, catches [her prey] in the sea and on the dry land.¹⁸Eccl. R. 7:26:3. (Eccl. 7:26:) “And I find [the woman] more bitter than death.” Not to be loud, arrogant of gait, or bawdy in laughter: This is the way of the daughters of Israel. But if [a woman] was bawdy in the presence of one of them, one would warn her on the evidence of two [witnesses] and say to her, “Why should you be laughing with so and so? Why should you be speaking with him?” If she has [merely] spoken [with him] up to now, she is allowed into her house and may eat the terumah. [If] she has entered with him in secret and lingered to be defiled, she is forbidden her house and eating the terumah.

(Fol. 20b) We are taught in a Baraitha: The words Zachor (ye shall remember) [in the first ten commandments] and Shamor (ye shall observe) [in the second ten commandments] were uttered by the Lord in one word, which transcends the power of the human mouth and ear.

(Lev. 19:2:) “Speak unto the whole congregation of the Children of Israel, and say unto them, ‘You shall be holy.’” What reason did He have to speak this parashah in an assembly?⁵ Lev. 7:3; Lev. R. 24:5. Why did He not say, “Speak unto the Children of Israel,” as in the rest of the parashiot,⁶I.e., in Exod. 14:2, 15; 25:2; 31:13 Lev. 1:2; 4:2; 7:23, 29; 12:2; 15:2; 18:2; 23:2, 10, 24, 34; 25:2; 27:2; Numb. 5:6, 12; 6:2; 9:10; 15:2, 18, 38; 17:17; 19:2; 33:51; 35:10. rather than “[Speak] unto the whole congregation of the Children of Israel?” Because all of the [ten] commandments are included within it. How? In the commandments it is written (in Exod. 20:2 = Deut. 5:6), “I [am] the Lord your God”; and here (in Lev. 19:2), “I [am] the Lord your God.” In the commandments it is written (in Exod. 20:3 = Deut. 5:7), “You shall have no [other gods beside Me]”; and here (in Lev. 19:4), “Do not turn unto idols.” In the commandments it is written (in Exod. 20:7 = Deut. 5:11), “You shall not take [the name of the Lord your God in vain]”; and here (in Lev. 19:12), “You shall not swear falsely by My name.” In the commandments it is written (Deut. 5:12), “Guard the Sabbath day”; and here it is written (in Lev. 19:3), “You shall keep My Sabbaths.” In the commandments it is written (in Exod. 20:12 = Deut. 5:16), “Honor your father and your mother”; and here it is written (in Lev. 19:3, cont.), “you each shall fear his mother and his father.” In the commandments it is written (in Exod. 20:13 = Deut. 5:17), “You shall not murder”; and here it is written (in Lev. 19:16), “you shall not stand over the blood of your neighbor.” in the commandments it is written (in Exod. 20:13 = Deut. 5:17), “you shall not commit adultery”; and here it is written (in Lev. 19:2), “You shall be holy.“ In the commandments it is written (in Exod. 20:13 = Deut. 5:17), “you shall not stea”l; and here it is written (in Lev. 19:11), “You shall not steal.” In the commandments it is written (in Exod. 20:13 = Deut. 5:17), “you shall not bear [false witness against your neighbor]”; and here it is written (in Lev. 19:16), “You shall not go around as a slanderer among your people.” In the commandments it is written (in Exod. 20:14 = Deut. 5:18), “You shall not covet”; and here it is written (in Lev. 19:13), “You shall not oppress your neighbor, and you shall not rob him.” Here all of the [ten] commandments are included within [it]. It is therefore stated (in Lev. 19:2), “Speak unto the whole congregation [of the Children of Israel].”

In the Commandments it is written (in Exod. 20:2 = Deut. 5:6): I < AM > THE LORD YOUR GOD; and here (in Lev. 19:2): I < AM > THE LORD YOUR GOD.
In the Commandments it is written (in Exod. 20:3 = Deut. 5:7): YOU SHALL HAVE NO < OTHER GODS BESIDE ME >; and here (in Lev. 19:4): DO NOT TURN UNTO IDOLS.
In the Commandments it is written (in Exod. 20:7 = Deut. 5:11): YOU SHALL NOT TAKE < THE NAME OF THE LORD YOUR GOD IN VAIN >; and here (in Lev. 19:12): YOU SHALL NOT SWEAR FALSELY BY MY NAME.
In the Commandments it is written (in Exod. 20:8; cf. Deut. 5:12): REMEMBER [THE SABBATH DAY]; and here it is written (in Lev. 19:3): YOU SHALL KEEP MY SABBATHS.
In the Commandments it is written (in Exod. 20:12 = Deut. 5:16); HONOR YOUR FATHER AND YOUR MOTHER; and here it is written (in Lev. 19:3, cont.): YOU EACH SHALL FEAR HIS MOTHER AND HIS FATHER.
In the Commandments it is written (in Exod. 20:13 = Deut. 5:17): YOU SHALL NOT MURDER; and here it is written (in Lev. 19:16): YOU SHALL NOT STAND OVER THE BLOOD OF YOUR NEIGHBOR.
In the Commandments it is written (in Exod. 20:13 [14] = Deut. 5:17): YOU SHALL NOT COMMIT ADULTERY; and here it is written (in Lev. 19:2): YOU SHALL BE HOLY.
In the Commandments it is written (in Exod. 20:13 [15] = Deut. 5:17): YOU SHALL NOT STEAL; and here it is written (in Lev. 19:11): YOU SHALL NOT STEAL.
In the Commandments it is written (in Exod. 20:13 [16] = Deut. 5:17): YOU SHALL NOT BEAR < FALSE WITNESS AGAINST YOUR NEIGHBOR >; and here it is written (in Lev. 19:16): YOU SHALL NOT GO AROUND AS A SLANDERER AMONG YOUR PEOPLE.
In the Commandments it is written (in Exod. 20:14 [17] = Deut. 5:18): YOU SHALL NOT COVET; and here it is written (in Lev. 19:13): YOU SHALL NOT OPPRESS YOUR NEIGHBOR, AND YOU SHALL NOT ROB HIM.

In the case of (Exod. 20:2 = Deut. 5:6:) I <AM THE LORD YOUR GOD>, because anyone who commits adultery with the wife of his acquaintance is, as it were, denying the Holy One. It is so stated (in Jer. 5:8, 12): <THEY WERE WELL-FED, LUSTY STALLIONS, EACH NEIGHING AT HIS NEIGHBOR'S WIFE…. > THEY HAVE DENIED THE LORD AND SAID: HE DOES NOT EXIST.
(Exod. 20:2 = Deut. 5:7:) <YOU> SHALL HAVE NO <OTHER GODS>, since it is written of him (in Exod. 20:5 = Deut. 5:9): FOR [I] THE LORD YOUR GOD AM A JEALOUS GOD. Also it is stated two times concerning the adulteress (in Numb. 5:14): IF THE SPIRIT OF JEALOUSY CAME OVER HIM, AND HE IS JEALOUS OF HIS WIFE. But why two times? Because it (i.e., the meal offering of the next verse)¹⁶So Rashi on Numb. 5:15. excites jealousy for the Holy One and for her husband, as stated (in Numb. 5:15): FOR IT IS A MEAL OFFERING OF JEALOUSY. Thus it is a case of two jealousies.
(Exod. 20:7 = Deut. 5:11:) YOU SHALL NOT TAKE THE NAME OF THE LORD YOUR GOD <IN VAIN>. <One breaks this commandment> because he commits adultery and swears in vain that he has not done so.
(On this commandment, see the end of the paragraph.)
(Exod. 20:12 = Deut. 5:16:) HONOR YOUR FATHER. When one commits adultery with the adulteress, she becomes pregnant from him. Then she says to her husband: I am pregnant from you. When the fetus is grown, it honors her husband, <since it> thinks that he is its father. Moreover, <the grown child> passes through the market and scorns the adulterer, since he thinks that he is not his father.
(Exod. 20:13 = Deut. 5:17:) YOU SHALL NOT MURDER. The adulterer goes in on condition that, if he is caught, he will kill or be killed.
(Exod. 20:13, cont. = Deut. 5:17, cont.:) YOU SHALL NOT COMMIT ADULTERY. Obviously <this commandment is broken>, because he is committing adultery.
(Exod. 20:13, cont. = Deut. 5:17, cont.:) YOU SHALL NOT STEAL. <This commandment is broken> because he is stealing his neighbor's spring (i.e., his wife's womb), and so it says (in Prov. 9:17): STOLEN WATERS ARE SWEET….
(Exod. 20:13, cont. // Deut. 5:17, cont.:) YOU SHALL NOT BEAR <FALSE WITNESS> AGAINST YOUR NEIGHBOR. <The commandment is broken> in that <the adulteress> bears false witness [to her husband] and says: I am pregnant from you.
(Exod. 20:14; cf. Deut. 5:18:) YOU SHALL NOT COVET YOUR NEIGHBOR's HOUSE, AND YOU SHALL NOT COVET YOUR NEIGHBOR's WIFE. <The commandment is broken> because whoever covets his friend's wife and commits adultery with her, covets everything that belongs to his friend.¹⁷Cf. Lev. R. 23:12; Matthew 5:28. How? When he continues committing adultery with her and she bears <a child> from him, her husband thinks that it came from himself. When he comes to depart from the world, he thinks that this son is his and writes him a will¹⁸Gk.: diatheke. of all his assets. So he bequeaths to him whatever he has without knowing that he is not his son. It turns out that the adulterer covets whatever belongs to his friend.