Form of Oath Administration Without God's Name in Current Era

Date: Erev Rosh Chodesh Sivan 5581

From: Rabbi Moshe Sofer

To: Getz

Description

The Chasam Sofer rules that the oath of admission regarding mesirus has quasi-Biblical (k'ein d'Oraysa) status as a partner's oath, but that even such oaths must today be administered using only the arur (curse) formula, entirely without any mention of God's Name or a substitute name. He diverges from the Sma, Urim VeTumim, and Ketzos HaChoshen by arguing that the presence of ten people—whose gathering invokes the Shechinah—serves as a functional equivalent of the Divine Name, fulfilling the requirement without explicit invocation.

Source: Shu"t Chasam Sofer CM §71

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