פירוש על שבועות 4:13

מצוה אני עליכם וכו' - and he when he says, “I command you,” in an oath.

Introduction Mishnah thirteen discusses different possibilities for the language of the adjuration.

המקלל בכולם – when he blasphemes God with one of them.

[If he said]: "I adjure you"; "I command you"; "I bind you"; they are liable. "By heaven and earth!", they are exempt. "By Alef Daleth"; "By Yod He"; "By God Almighty"; "By The Lord of Hosts; "By the Merciful and Gracious one"; "By the Long Suffering One"; "By the One Abounding in Kindness"; or by any of the substitutes [for the name], they are liable. The first section of our mishnah establishes which words are valid as words of adjuration. If we look at Leviticus 5:1, the Biblical verse that discusses the oath of testimony, we will notice that the word “shevuah”, oath, is not used. Rather the Torah uses the word “allah” which can mean a curse but can also mean an oath. The Rabbis did not limit adjuration to the use of the word “allah” but extended it to included either a “shevuah”, or something similar. We will learn what an “allah” is in section five. This section discusses words that are similar to “shevuah” and therefore may be used in adjuration.

ר' מאיר מחייב – [the punishment of] stoning.

Sections 1a and 1b contain invalid and valid substitutes for God’s name. “Heaven and Earth” are not substitutes for God’s name and therefore may not be used in adjuration. Heaven and earth were created by God but they are not potential substitutes for His name. However, the letters of his name, and various substitutes used frequently in the Torah are valid. "Aleph Dalet" are the first two letters of Adonay, which means "My Lord" and is a name frequently used for God. "Yod He" are the first two letters of God's unpronounceable four letter name, YHWH. The rest are names for God used in the Torah or attributes of God.

וחכמים פוטרין – for specifically on the unique name [of God], with stoning, as it written (Leviticus 24:16): “if he pronounces the name LORD [he shall be put to death. The whole community shall stone him.], and on the euphemisms, with the explicit prohibition in the Torah [required for punishing trespassers] of (Exodus 22:27):”You shall not revile God [nor put a curse upon a chieftain among your people].” But with the oath of testimony, the Sages agree with Rabbi Meir that he is liable on the euphemisms like he is liable on the explicit name [God] for in the oath [of testimony] it is written (Leviticus 5:1): “When he has heard a public imprecation (against one who withholds testimony).

He who blasphemes by any of them is liable, according to the words of Rabbi Meir. And the Sages exempt him. He who curses his father or mother by any of them is liable according to the words of Rabbi Meir. And the Sages exempt him. He who curses himself or his neighbor by any of them transgresses a negative precept. There are three different types of blasphemies mentioned in this section: blaspheming God, blaspheming one's parents and blaspheming oneself or another person. Blaspheming God or one's parents is punishable by death. We learned in Sanhedrin 7:5 that one is not liable for having blasphemed unless he uses God's name. According to Rabbi Meir, one who blasphemes using one of the aforementioned substitutes for God's name is liable for the death penalty. According to the Sages he must use God's specific name, meaning the full four letter name.

המקלל עצמו – as it written (Deuteronomy 4:9): “[But] take utmost care and watch yourselves scrupulously” and all "השמר לך" /”take utmost care” and "פן" /lest or "אל"/do not (see Talmud Zevahim 106a) introduces nothing other than a prohibitory law.

As an aside the mishnah mentions that blaspheming others and even blaspheming oneself violates a negative commandment. The commandment referred to is in Leviticus 19:14, "Do not curse a deaf person". The Rabbis reason that if it is forbidden to curse a deaf person it is also forbidden to curse any other person. The Torah means to say, "Don't curse even a deaf person, who cannot hear."

והמקלל חבירו – as it is written (Leviticus 19:14): “You shall not insult (literally, “curse”) the deaf [or place a stumbling block before the blind],” even a deaf person (the Rabbis understand this as “deaf and mute”- see Tractate Terumot, Chapter 1, Mishnah 2) who does not hear [only], and he is not strict with his insult/curse of “you shall not insult (literally curse)” , and all the more so, all other people who heard and he is strict about.

[If he said,] "May God smite you"; or "Yea, may God smite you"; this is the curse written in the Torah. "May [God] not smite you"; or "May he bless you"; Or "May he do good unto you [if you bear testimony for me]": Rabbi Meir makes [them] liable, and the Sages exempt [them]. The mishnah now explains that the "alla"”, the curse mentioned in Leviticus 5:1 is saying "May God smite you [if you know testimony for me and do not testify]". According to Rabbi Meir the "allah" may be phrased in the positive. Instead of saying "May God smite you", the claimant may say something like, "May God be good to you if you testify for me". According to Rabbi Meir from the positive statement you can conclude that the claimant means to say that if you do not testify may God not be good to you. According to the other Sages the "allah" must be stated in the negative, as a curse. Stating the adjuration in the positive does not allow one to conclude the negative.

יככה אלהים וכן יככה אלהים – if he said to witnesses, “may God smite you if you do not testify on my behalf. Or that he heard a person who was reading the curses that are in the Torah (see Deuteronomy 28:27-28,35): “May the LORD strike you with the Egyptian inflammation:” “The LORD will strike you with madness, blindness and dismay;” “The LORD will afflict you at the knees and thighs with a severe inflammation,” and he said to the witnesses, “”May God strike you if you do not testify on my behalf” or he said, “May God not strike you if you testify on my behalf,” or “May God bless you if you testify on my behalf,” or “May it go well with you if you testify on my behalf,” in all of these, Rabbi Meir declares liable, [by implication] “from ‘no’ you understand ‘yes’” (see Tractate Nedarim 11a), “”God should not strike you down if you testify o my behalf”, but if you don’t testify on my behalf, God will strike you. And similarly, “God will bless you if you testify on my behalf,” but if you you will not testify on my behalf, He will curse you. But in all of these, the Halakha is not according to Rabbi Meir.

Questions for Further Thought: Why don’t the Sages hold that one could phrase the "allah" in the positive?