daf bit: Shevuot 38

[cellio]

This tractate of the talmud has spent a lot of time discussing when one is liable to take an oath, which oaths are valid, and so on. Today's daf describes the administration of an oath: R. Yehudah said in the name of Rav: we adjure him with the oath stated in torah, "And I will make thee swear by the Lord, the God of heaven". According to R. Chanina b. Idi they require the four-letter name of God; the rabbis say a substitute name may be used but he must hold a sacred object. The oath must be taken while standing (a disciple of the wise may sit), and must be administered with a sefer torah (a disciple of the wise may use t'fillin). The oath may be said in any language, and before he speaks they remind him that the whole world trembled when, at Sinai, the Holy One blessed be He said "thou shalt not take the name of the Lord your God in vain", and they remind him that for this transgression punishment falls not just on the sinner but also the following generations, to the third or fourth. (38b-39a)

Comments

[talvinamarich.livejournal.com]

Define "disciple of the wise", please?

[cellio]

One who is both learned in torah and pious (the term is talmid chacham). I don't know how this is measured; it's not like the yeshivot of the day gave degrees. So I don't know if this is a distinction that makes a difference in this case; you sometimes see distinctions in the area of personal practice (it is required to do this but meritorious to do this in addition, that sort of thing). But in a courtroom where everyone is going to have to agree on whether this guy has the status to sit, I wonder if anyone bothered or if they just had everyone stand.

It's also likely to be an "honor given" thing, not an "honor taken". That is, the judges are going to insist that the witness is of high status and should sit, but IMO a witness who demands that right has just disqualified himself, because the torah he's supposed to be wise in calls for modesty and not embarrassing others needlessly.

[talvinamarich.livejournal.com]

Interesting! So it is a humble euphemism: he is not "wise" (though that is what is meant) but a disciple of the wise. Makes sense.