The Sharia of Moses in the TORA
Part 2 - The 365 Prohibitions of the Tora
61 - VIOLATING A SHEBUAT BITTUI
The Gemara explains in the third chapter of Shebuoth, and also in Tractate Temurah, that shebuat sheker (a false oath) is the non-performance of a shebuat bittui. The passage runs as follows: “This false oath – what is meant by a false oath which entails no action? – ‘Shall we say that what is meant is swearing not to eat and then eating? But in that case, an action is performed. We must, then, conclude that what is meant is swearing to eat and then not eating. But is there a penalty of whipping for breach of a prohibition involving no action? Surely we are told…’ etc.”*
Maimonides’ object is to justify basing the prohibition of a shebuat bittui on the verse, you shall not swear by My name falsely (lashaker), which suggests the shebuat sheker.