Q. One of the duties of my new position as clerk to a judge in the provincial court will be to administer oaths with a bible. I was wondering whether this is permitted as it may be with a Christian bible.
Even if it will be with the Old Testament, will I have any achrayus (responsibility) if the person is lying?
Even if he is saying the truth shouldn’t swearing stam be avoided?
I am also concerned, as the pizmon a clerk says, ends with “so help me G-d,” and it is asor (prohibited) to say Hashem’s name in English.
I would like to point out, that as the judge is respectful to our religion, I am not concerned that my inability to perform the above due to religion will affect my job.
A. Horav Shlomo Miller's Shlit'a opinion is that if you provide a clear option to the individual to be sworn in, that he can choose not to take an oath but to affirm instead, and he can also choose the religious book that represents his particular faith which includes the Old Testament, it is permitted to administer the oath. There is no “Lifney Iver” prohibition, since the individual has a clear choice to do the correct act.
The prohibition of "Lifney Iver" or "Placing a stumbling block before the blind" is interpreted by our sages as: facilitating or helping others commit a Torah violation. (Talmud Avoda Zarah 6b) This prohibition is codified in Shulchan Aruch in several places such as Y.D. 148:5 pertaining the assisting of a Gentile in committing idolatry and in Y.D. 240: 20 in regards to a father's proscription of physically chastising older children, as this will only entice them to hit back, resulting in a capital offence. Tosafos, Ramban and Ran (ibid.) and other Poiskim, are of the opinion that this prohibition is limited to cases where the recipient is unable to transgress without the giver's assistance. If, however, the idolater could reach the item independently, then one may hand it to him despite the certainty of the ensuing violation.
However, if the clerk became aware that the individual to be sworn in is Jewish and wants to take his oath on a Christian Bible, there may be an additional concern of helping someone do a prohibited act.
Tosafos (Shabbos 3a) and Shach (Y.D.151:6) mention, that there is a distinct rabbinical prohibition against helping one violate Mitzvos, called "mesayea lidvar aveiro" ("helping someone commit a sin"). Igrois Moishe (Y.D. 1,72) deals with the question of mesayea, when someone would perform the transgression nonetheless. (See question 799 and 207 in this forum)
The name “G-d” does not necessarily invoke avoda zarah, as it could be referring to the true Master of the Universe. There is also no prohibition to mention the name of Hashem in any other language when needed for the right purpose and with the correct intention.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Important Numbers
