94 J. Duncan M. Derrett incompetent to give testimony (m. Sanh.III. 3-5), a list by no means free from controversy. It includes those guilty of breaking pentateuchal prohibitions, such as usurers, eaters of improperly slaughtered animals, and robbers; or rabbinical prohibitions, such as dice-players and pigeon- flyers. But one is not “suspect” until witnesses testify to his being a law- breaker (why should they?); what if no such witnesses come forward?25 One may be proved suspect even after the case has been disposed of26, whereupon the decree may be annulled. One who has been flogged in court is incompetent to swear, until it is proved that he has repented27, but who knows whether he has? One whose fellow-suitor is a suspect person may, or may not, take the oath (m. Šev. VII. 4): which course will Heaven adopt? We need not ask ourselves primarily how much the court of Heaven knows as to the truth of matters sworn to —granted the infinite inquisit- iveness and recording ability of the heavenly bureaucracy28— or the private intentions of the person who swears as to the future, though indeed the earthly court could be wrong on so many counts. What is more relevant is the capacity of the oath-taker which could depend on secret and hardly pertinent particulars. Furthermore some oaths are rabbinically forbidden which the court of Heaven might regard as cogent (m. Šev. VI. 5). Such intricacies amount to a danger for the person upon whom an oath is imposed, or who chooses to take an oath: for example there are cases where persons (e.g. a posthumous son) are able to swear to facts of which they can have no personal knowledge (ibid. VII.7). Would one not avoid oaths altogether? In the modern bet din oath- taking is regarded as disgraceful. How did the disciples comment when Jesus prohibited divorce? One sympathises, and wonders if Jesus’s answer is altogether adequate (Mt 19:10-12). Avoiding oaths one is free from Heaven’s censure on the ground. But one may lose money thereby. The non-suspect (!) can content himself or herself with a simple “Yea” or “Nay”. Remember the decrees of the court of Heaven cannot be reversed. (5) Retaliation Under Antithesis (1) physical harm is not included. Under the chapter Nezîqîn the law of Moses, as amended, such injuries are dealt with. “Eye for eye” means pecuniary damages, as is well known. Apart from Maimonides, Code XIII.IV. 2,3; trans. Rabinowitz 196. 25 Maimonides, Code XIII.IV. 2,9; trans. Rabinowitz 198. 26 Maimonides, Code XIII.IV. 2,10; trans. Rabinowitz 198. 27 Lk 10,20; Ps 56,9(8); Mt 19,28; Rev 20,12. SB II 162. Mt 12,36. Angels record idle 28 chatter: b. Hιag 5b, trans., A.W. Streane, A Translation of the Tractate Chagigah (Cambridge 1891) 23. “Light words” are read back embarrassingly to the speaker: Midrash Rabba Leviticus XXVI (Soncino Press translation, 325). SB I, 639-640. Remember 1 Cor 11,10!