Commentary for Shevuot 4:12
שִׁלַּח בְּיַד עַבְדּוֹ, אוֹ שֶׁאָמַר לָהֶן הַנִּתְבָּע מַשְׁבִּיעַ אֲנִי עֲלֵיכֶם שֶׁאִם אַתֶּם יוֹדְעִין לוֹ עֵדוּת שֶׁתָּבֹאוּ וּתְעִידוּהוּ, הֲרֵי אֵלּוּ פְטוּרִין עַד שֶׁיִּשְׁמְעוּ מִפִּי הַתּוֹבֵעַ:
If one sent his servant (to make his claim) or if the claimee said to them: "I beswear you that if you know testimony for him you come and testify for him," they are not liable, until they hear it from the mouth of the claimant, [it being written (Leviticus 5:1): "if he does not (lo) tell," (lamed, vav, aleph) to be expounded: If to him (lamed vav), i.e., to the claimant, he does not (lamed aleph) tell, then he shall bear his sin. But if he does not tell another, he is not liable.]
Bartenura on Mishnah Shevuot
עד שישמעו מפי התובע – as it is written (Leviticus 5:1): “he does not give information/"אם – לוא יגיד" [written] fully with a VAV and and ALEPH is expounded upon thusly: if to hi he will not tell, meaning to say, the plaintiff, "ונשא עונו"/”so that he is subject to punishment (Leviticus 5:1), but if he said it to another,-“ he does not give information,” he is exempt [from punishment].
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English Explanation of Mishnah Shevuot
Introduction
Mishnah twelve teaches that the claimant must be the one who recites the adjuration.
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English Explanation of Mishnah Shevuot
If he sent by the hand of his servant, or if the defendant said to them: “I adjure you that if you know any testimony for him you should come and bear testimony for him”, they are exempt, until they hear [the adjuration] direct from the claimant. If the claimant (the plaintiff) sends a servant to adjure potential witnesses to testify on his or if defendant the adjures the witnesses to testify in his defense, and the witnesses swear falsely they are not liable. The claimant must be the one who adjures them directly.
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