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EXODUS — 20:7 swear

EXOD378 If a beis din requires one to take an oath, and that person knows that he has spoken falsely, he must not accept upon himself to take such an oath, declaring, "I will swear"--without any real intention to swear--[merely] in order to intimidate the defendant [i.e., it is forbidden for one to make the pretense of swearing merely to intimidate the defendant into capitulation], as the pasuk says [this verse], "You shall not bear," for this also implies that you must not be willing to accept upon yourself an oath that is in vain. So said our Sages, z"l, (Mechilta 20:7; [similarly,] the Targum of "Do not bear a false report" (Exodus 23:1) is, "Do not accept" [As we have seen in paragraph 42, this is a prohibition not to accept lashon hara from another. Rabbeinu Yonah is proving from the Targum that "to bear" means to accept.] It is[further] forbidden to swear in vain, although he may be swearing truthfully, as the pasuk says [Ibid. 20:7), "You shall not bear the Name of Hashem, your God, in vain"; the Targum of ["in vain"] is "for no reason." Similarly, one who causes another person to swear in vain has committed a grave sin.

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EXODUS — 20:13 testimony

EXOD471 Now we discuss the class of liars. The subject of this class is divided into nine categories: the first category--a man of falsehood, who has forsaken the Torah, verbally causing evil and destruction, such as one who makes a false denial to his fellowman regarding something deposited by him for safekeeping, or money entrusted to him, or the wages due a laborer [See Vayikra 5:21], as the pasuk says (Vayikra 19:11), "Nor may any man [among] you may make a false denial, or lie [by oath] against his fellowman." Included in this category is general fraud and cheating in one's business dealings with one's partners, as the pesukim say (Vayikra 25:14), "You must not cheat one another," and (Tehillim 55:12), "Cunning and fraud depart not from its main square." He is also referred to as a man of iniquity and one without constraints--this is of greater severity than those sins found within the other classes of evildoers, as we have prefaced in The Gates of Fear of Sin [See the First Gate, note 97]. This man of iniquity is characterized by his winking eyes and pointing fingers, as the pasuk says (Mishlei 6:12-13), "An unconstrained man, a man of iniquity... He winks with his eyes, [scrapes with his feet, points with his fingers.]"[i.e., he uses all his faculties to hint deceitfully (Zeh Hasha'ar)].

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EXODUS — 20:14 covet

EXOD474 "You must not covet your fellowman's house" [this verse]; "Neither must you desire your fellowman's house" (Devarim 5:18). We have herein been admonished not to perform deeds in wickedness [Tehillim 141:4] for acquiring a field, vineyard, or any of the possessions belonging to our fellowman, even when paying their value. We have further been admonished concerning thoughts associated with this wickedness--that our thoughts should not consent to such actions, as the pasuk says, "You must not covet." [For example,] if one craves for another to sell him his field, vineyard, or one of his belongings when the other is not interested in doing so, and yet, by persistently pleading with him he knows that the other will be too embarrassed to refuse him--it is forbidden to pressure him, for this would be akin to duress and coercion. [Another example:] if a highly respected individual were to desire the acquisition of any possession, knowing that by "merely" making the request his fellowman would not dare refuse him, [Iyov 29:24], he is forbidden from asking the other to sell or give it to him, unless he knows that he will give it to him wholeheartedly, without any misgivings.

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EXODUS — 20:17 test

EXOD495 The wicked receive only suffering of vengeance. But suffering as a test is only brought upon the righteous -- for they accept them with love and further improve their deeds, and the suffering they experience is for their own good [when they pass the test, their prestige and honor increase (see this verse, Rashi)], for their benefit [because they further improve their deeds, as Rabbeinu Yonah just said], and for enhancing their reward, as the pasuk says (Tehillim 11:5), "Hashem tests the righteous." Our Sages, z"l, used the following analogy and said (Bereishis Rabbah 32:3), "When the owner of the flax knows that his flax is strong, he beats it fully to make it soft and good."

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EXODUS — 21:1 them

EXOD519 Among the more weighty mitzvos [i.e. that the populace is not heedful of] is that of avoiding litigation in gentile courts of law (Gittin 88b), "'These are the laws that you shall present before them' [this verse] -- before them [i.e., the Jewish people,] and not before gentiles," [This follows the principle that a prohibition deduced from a positive commandment is a mitzvah asei] and sinners will stumble over them [Hoshea 14:10].

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EXODUS — 22:10 oath

EXOD630 Shlomo, a"h, said (Mishlei 24:28-29), "Do not be a witness needlessly against your fellowman, and grind [him] with your lips. Do not say, 'As he has done to me I will do to him; I will repay the man according to his work.'" The explanation is [as follows]:[Shlomo] did not need to admonish, "Do not be a false witness"; rather, he said, "Do not be a witness needlessly'--if your fellowman succumbs to sin, you should neither testify against him nor expose his sin, needlessly, i.e., without reproving him. True, if he has stolen from another or cheated a person, one is obligated to bear witness regarding this in order that he return the theft, based upon the testimony of two witnesses; and if there is only one witness, an oath shall be taken between them [this verse; i.e., if the situation concerns torts, damages, and other monetary claims, one is obligated to testify; see Shulchan Aruch, Choshen Mishpat 28:1. Even one witness in such cases can force an oath in order to effect restitution. See paragraph 221 that even in this case, he must first try to reform the sinner through reproof]. But if one sees that his fellowman has stumbled in [a sin] of immorality [Devarim 24:1], or another such sin, he should not testify needlessly, i.e., without reproving the other, even if the observer has another witness who together with him will establish the facts [Rabbeinu Yonah is referring to a situation where the testimony can serve no purpose other than bringing the sinner to repent. See Chafetz Chayim, Hilchos Lashon Hara 4:4]. (Continued at [GEN296]] Genesis 2:18 alone GATES 422-3).

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EXODUS — 22:20 abuse

EXOD637 "You shall not abuse your fellowman" (Vayikra 25:17). The pasuk is referring to verbal abuse, as we have already prefaced (See paragraph 24). Our Sages said (Bava Metzia 58b), "If his fellowman is a repentant, you should not say to him, 'Remember your former deeds'; and if he is the son of proselytes, you should not say to him, 'Remember your forbear's deeds.'" This is what the pasuk says [this verse]: "You must not abuse the proselyte or persecute him"--"Do not abuse"[means] verbally, and "persecuted" [means] financially. The Torah admonishes us in several places regarding the abuse of the proselyte; the reason for this is that he has forgotten his people and his ancestral home and has come to take refuge under the wings of the Divine presence, similar to what the pasuk says, (Rus [Ruth] 2:11), "You left your father and mother in the land where you were born, and you went to a nation that you did not know." The pasuk also says (ibid., 12), "May your reward be complete from Hashem, the God of Yisrael, under Whose wings you have sought refuge." This is comparable to a deer that joins the flock, and once there, it lies together with the sheep, grazing with them; for he has forsaken a spacious meadow to dwell in constricted quarters (Midrash Tehillim 146).

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EXODUS — 22:21 afflict

EXOD660 A person who causes a widow or orphan to cry out and suffer, whether it be through theft, exploitation, embarrassment, or any form of anguish, is punishable with death administered by Heaven. Similarly, judges who have the ability to rescue the victim of robbery from the thief, but are not willing to adjudicate the case of the orphan, will be sentenced to death, as the pasuk says [this verse, 21-23]. What this means is: "Your wives will be widows," corresponding to the affliction of the widow; "and your children orphans," corresponding to the affliction of the orphans--measure for measure. (Continued at [[LEV985]] Leviticus 25:17 abuse GATES 199.)

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EXODUS — 22:24 creditor

EXOD687 "You shall not act towards him as a creditor" [this verse]. We have herein been admonished not to distress the borrower -- the lender should not pass before him knowing that the borrower does not have the means to pay, for he harasses him and depresses him by doing so. Our Sages, z"l, said (Bava Metzia 75b) that this is the equivalent of his sentencing him twice over, as the pasuk says: (Tehillim 66:12), "You assigned a man over our head [i.e., this is the creditor. See Rashi, Bava Metzia 75b]; we went through fire and water [i.e., sentenced twice over]. It is appropriate to be zealous and reprove those oppressors of our nation who in some places incarcerate the borrower in chains even when he is in no position to pay.

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