An oath (from Anglo-Saxon āð, also called plight) is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow. Those who conscientiously object to making an oath will often make an affirmation instead.
The essence of a divine oath is an invocation of divine agency to be a guarantor of the oath taker's own honesty and integrity in the matter under question. By implication, this invokes divine displeasure if the oath taker fails in their sworn duties. It therefore implies greater care than usual in the act of the performance of one's duty, such as in testimony to the facts of the matter in a court of law.
A person taking an oath indicates this in a number of ways. The most usual is the explicit "I swear," but any statement or promise that includes "with * as my witness" or "so help me *," with '*' being something or someone the oath-taker holds sacred, is an oath. Many people take an oath by holding in their hand or placing over their head a book of scripture or a sacred object, thus indicating the sacred witness through their action: such an oath is called corporal. However, the chief purpose of such an act is for ceremony or solemnity, and the act does not of itself make an oath.
- 1 Historical development as a legal concept
- 2 English popular custom
- 3 Types of oaths
- 4 See also
- 5 References
- 6 External links
Historical development as a legal concept
Making vows and taking oaths became a symbolic concept in law practice that developed over time in different cultures.
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 the "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” (Numbers 30:3). According to the Rabbis, a neder (usually translated as “vow”) refers to the object, a shvua (usually translated as “oath”) to the person. The passage (Bamidbar 30:2-17) distinguishes between a neder and a shvua, an important distinction between the two in halacha: a neder changes the status of some external thing, while a shvua initiates an internal change in the one who swears the oath.
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 is his role as divine law-maker responsible for order and used principally for the investiture of the oathtaking of office.
Bailey (1907) states: We have, for instance, the sacred stone (silex) which was preserved in the temple of Iuppiter on the Capitol, and was brought out to play a prominent part in the ceremony of treaty-making. The fetial, who on that occasion represented the Roman people, at the solemn moment of the oath-taking, struck the sacrificial pig with the silex, saying as he did so, 'Do thou, Diespiter, strike the Roman people as I strike this pig here to-day, and strike them the more, as thou art greater and stronger.' Here no doubt the underlying notion is not merely symbolical, but in origin the stone is itself the god, an idea which later religion expressed in the cult-title specially used in this connection, Iuppiter Lapis.In Chapter Two: The 'Antecedents' of Roman Religion. Source:  (accessed: June 24, 2012)
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.
Various religious groups have objected to the taking of oaths, most notably the Religious Society of Friends (Quakers) and Mennonites. This is principally based on Matthew 5:34-37, the Antithesis of the Law. Here, Christ is written to say "I say to you: 'Swear not at all'". The Apostle James stated in James 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 theology takes the fulfillment of oaths extremely seriously. So much so that one of the sayings of the Muslim prophet Mohammad, commonly referred to as ahadith (singular hadith) instructs Muslims to "Make oaths only on Allah almighty, the Master of all beings, and protect them more than your lives" (Sahih Bukhari 45: 15).
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).Huizinga, The Autumn of the Middle Ages (ch. 3); Michel Margue, "Vogelgelübde" am Hof des Fürsten. Ritterliches Integrationsritual zwischen Traditions- und Gegenwartsbezug (14. – 15. Jahrhundert)
In 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. In both of those cases, though, an affirmation can be usually substituted. A written statement, if the author swears the statement is the truth, the whole truth, and nothing but the truth, is called an affidavit. 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.
In the United States and some other countries, it is customary to raise the right hand while swearing an oath, whether or not the left hand is laid on a Bible or other text. This custom has been explained with reference to medieval practices of branding palms , However the practice is referred to in the Old Testament ("Their mouths speak untruth; their right hands are raised in lying oaths", Psalm 144:8). In England the common form of court oath is to swear with the right hand on the Bible, though alternatives are available.
There is confusion between oaths and other statements or promises. The current Olympic Oath, for instance, is really a pledge and not properly an oath since there is only a "promise" and no appeal to a sacred witness. Oaths are also confused with vows, but really, a vow is a special kind of oath.
English popular custom
Common examples of oaths include:
- I swear on my mother's life
- I swear on my grandmother's grave
Types of oaths
- Hippocratic Oath
- Hittite military oath
- Oaths of allegiance
- Oaths of citizenship
- Oath of office
- Pauper's oath
- Veterinarian's Oath
- Anti-Modernist oath
- Ironclad oath
- Oaths in Freemasonry
- Oath More Judaico (Jewish)
- Oaths of Strasbourg
- Scout Oath
- Tennis Court Oath
- ACLU of N.C. & Syidah Matteen v. State of North Carolina a court case in a state of the United States about taking oaths by different scriptures. The results have reversed several times.
- Australasian Police Multicultural Advisory Bureau has several publications for Australia dealing with multi-faith issues and A Practical Reference to Religious Diversity for Operational Police and Emergency Services covers oaths as well as many other topics (in review as of 12/2/2006 but the 2nd Edition is available.)
- Ephebic Oath
- So help me God
- Sworn declaration
- Metsudah Chumash and Rashi, KTAV Publishing House, 1991. page 88
- Burkert, Greek Religion, trans. Raffan, Harvard University Press (1985), 250ff.
- Faith and Practice of Baltimore Yearly Meeting of the Religious Society of Friends (1988) p. 19
|Wikiquote has a collection of quotations related to: Oaths|
|Look up oath in Wiktionary, the free dictionary.|
|Wikimedia Commons has media related to Oaths.|
- Oaths in the Qur'an
- Courtroom oaths from the North Dakota Supreme Court website (jury oath, witness oath and so on)
- North Carolina faith leaders supporting Quran oath
- Comments about John Quincy Adams' Oath of Office