" by
Jacques-Louis David Jewish tradition The concept of oaths is deeply rooted within
Judaism. It is found in
Genesis 8:21, when God swears that he will "never again curse the ground because of man and never again smite every living thing". This repetition of the term
never again is explained by
Rashi, the pre-eminent biblical commentator, as serving as an oath, citing the
Talmud Shavous 36a for this ruling. The first personage in the biblical tradition to take an oath is held to be
Eliezer, the chief servant of
Abraham, when the latter requested of the former that he not take a wife for his son
Isaac from the daughters of Canaan, but rather from among Abraham's own family. The foundational text for oath making is in
Numbers 30:2: "When a man voweth a vow unto the Lord, or sweareth an oath to bind his soul with a bond, he shall not break his word; he shall do according to all that proceedeth out of his mouth." According to the Rabbis, a
neder (usually translated as "vow") refers to the object, a
shâmar (usually translated as "oath") to the person. The passage distinguishes between a
neder and a
shvua, an important distinction between the two in
Halakha: a
neder changes the status of some external thing, while a
shvua initiates an internal change in the one who swears the oath.
Roman tradition In the
Roman tradition, oaths were sworn upon
Iuppiter Lapis or the Jupiter Stone located in the
Temple of Jupiter,
Capitoline Hill.
Iuppiter Lapis was held in the Roman tradition to be an
Oath Stone, an aspect of Jupiter in his role as divine law-maker responsible for order and used principally for the investiture of the oathtaking of office. According to Cyril Bailey, in "The Religion of Ancient Rome" (1907): The punisher of broken oaths was the
infernal deity
Orcus.
Hindu tradition In
Hindu epics, like the
Ramayana and the
Mahabharata, oaths, called
pratigya, are taken seriously. It is mentioned that people would give up their lives, but not break a vow. Due to this, King
Dasharatha took an oath for his Queen
Kaikeyi (on her maid,
Manthara's insistence) and thus had to exile his favorite son, Lord
Rama along with his wife Devi
Sita and brother
Lakshmana for fourteen years in the forest. In the Mahabharata,
Devrata took an oath of
celibacy so that
Satyavati's father would marry her to Devrata's father, King
Shantanu. He also took an oath to not rule the
kingdom and remain loyal to the king, who would be a descendant of Satyavati. Thus, Devavrata got the name
Bhishma, which means someone who has taken a terrible oath. Many others also took oaths that they fulfilled.
Greek tradition Walter Burkert has shown that since
Lycurgus of Athens (d. 324 BCE), who held that "it is the oath which holds democracy together", religion, morality and political organization had been linked by the oath, and the oath and its prerequisite altar had become the basis of both civil and criminal, as well as international law. In traditional Greek folk songs, such as The Dead Brother's Song, the significance of the oath is highlighted. The power of an oath is such that it transcends death, as the deceased brother arises from the grave to fulfill his oath to his mother.
Christian tradition Various Christian denominations have objected to the taking of oaths, most notably the
Religious Society of Friends (Quakers) and
Anabaptist groups, like
Mennonites,
Amish,
Hutterites and
Schwarzenau Brethren. This is principally based on Matthew 5:34–37, the
Antithesis of the Law. Here, Christ is reported as having said: "I say to you: '
Swear not at all.
James the Just stated in 5:12 "Above all, my brothers, do not swear—not by heaven or by earth or by anything else. Let your 'Yes' be yes, and your 'No', no, or you will be condemned." Beyond this scriptural authority, Quakers place importance on being truthful at all times, so the testimony opposing oaths springs from a view that "taking legal oaths implies a double standard of truthfulness" suggesting that truthfulness in legal contexts is somehow more important than truthfulness in non-legal contexts and that truthfulness in those other contexts is therefore somehow less important. Not all
Christians interpret this reading as forbidding all types of oaths, however. Opposition to oath-taking among some groups of Christian caused many problems for these groups throughout their history.
Quakers were frequently imprisoned because of their refusal to swear
loyalty oaths. Testifying in court was also difficult;
George Fox, Quakers' founder, famously challenged a judge who had asked him to swear, saying that he would do so once the judge could point to any
Bible passage where Jesus or his apostles took oaths — the judge could not, but this did not allow Fox to escape punishment. Legal reforms from the 18th century onwards mean that everyone in the
United Kingdom now has the right to make a solemn
affirmation instead of an oath. The
United States has permitted affirmations since it was founded; it is explicitly mentioned in the
Constitution. Only President
Franklin Pierce has chosen to affirm rather than swear at his inauguration. As late as 1880,
Charles Bradlaugh was denied a seat as an MP in the
Parliament of the United Kingdom because of his professed
atheism as he was judged unable to swear the
Oath of Allegiance in spite of his proposal to swear the oath as a "matter of form".
Islamic tradition Islam takes the fulfillment of oaths extremely seriously, as directed by the Qur'an:
Germanic tradition Germanic warrior culture was significantly based on oaths of fealty. A prose passage inserted in the eddic poem
Helgakviða Hjörvarðssonar relates: Hedin was coming home alone from the forest one
Yule-eve, and found a
troll-woman; she rode on a wolf, and had snakes in place of a bridle. She asked Hedin for his company. "Nay," said he. She said, "Thou shalt pay for this at the
bragarfull." That evening the great vows were taken; the
sacred boar was brought in, the men laid their hands thereon, and took their vows at the
bragarfull. Hedin vowed that he would have Sváva, Eylimi's daughter, the beloved of his brother Helgi; then such great grief seized him that he went forth on wild paths southward over the land, and found Helgi, his brother. Such Norse traditions are directly parallel to the "bird oaths" of late medieval France, such as the
voeux du faisan (oath on the pheasant) or the (fictional)
voeux du paon (oath on the peacock).
Modern law In the modern law, oaths are made by a witness to a court of law before giving testimony and usually by a newly appointed government officer to the people of a state before taking office. However, in both of those cases, an
affirmation can usually be replaced with a written statement, only if the author swears the statement is true. This statement is called an
affidavit. This is in contrast to a
statutory declaration, where no sworn oath or affirmation is involved. The oath given to support an affidavit is frequently administered by a
notary, who will certify the giving of the oath by affixing her or his seal to the document. Willfully delivering a false oath (or affirmation) is the crime of
perjury. There are some places where there is a confusion between the "oath" and other statements or promises. For example, the current
Olympic Oath is really a
pledge, not properly an oath, since there is only a promise but there is no appeal to a sacred witness. Oaths may also be confused with
vows, but vows are really just a particular kind of an oath. == Hand gestures ==