Isho’bokht, Corpus Juris, I.6 (On Oaths) [Church of the East]

Isho’bokht, Corpus Juris, I.6 (On Oaths) [Church of the East]

Likely written late 8th Century CE. Originally written in Persian, now lost, preserved in Syriac.

Source: Mathieu Tillier. The Evolution of Judicial Procedures in East-Syrian Canon Law after the Islamic Conquests: The Judicial Oath. Journal of Eastern Christian Studies, Peeters Publishers, 2018, 70, pp.227-240.

Regarding oaths, Moses gave the following law: “You shall not swear falsely” (Lev. 19:12). Then our Lord commanded: “Make no oath at all!” (Matt. 5:34). As for us, however, for reason of necessity (ananqī), we sometimes prescribe the use of oaths. It does not mean that we oppose the command of our Lord. Paul the Apostle himself did not oppose our Lord when he said that “men swear by One greater than themselves, and with them an oath given as confirmation is an end of every dispute” (Heb. 6:16).

Our Lord did not institute this rule for worldly affairs, nor for judges dispensing justice in this type [of dispute]. You can see that He commanded: “Whoever slaps you on your right cheek, turn the other to him also. If anyone wants to sue you and take your shirt, let him have your cloak also!” (Matt. 5:39-40). This does not mean that, if a man comes to us and complains that another slapped him, we order him to turn the other cheek. Nor that we order someone who was taken his shirt to give his coat. Indeed, our Lord prescribed this rule to His apostles, who were perfectly aware of all the affairs of this world, and to whom He also asked to carry their cross and follow him.

[This rule] is offered to the will of those who wish to approach absolute perfection. The same applies when He recommends: “Make no oath at all!” [This injunction] does not mean that it is forbidden [to swear] during lawsuits between men, for it would be impossible to complete these lawsuits without using oaths. He addressed this recommendation to His disciples because they were fair and did not need to resort to oaths. They said what was as it was, and what was not as it was not.

However, because we deal with worldly matters in courts, for our part we cannot do without oaths when dispensing justice among human beings. Therefore, we need to admonish litigants as much as possible: we [ask them] not to take or administer the oath if they can avoid it, to reconcile and to behave with integrity during the trial. A plaintiff who sues his fellow often inclines to ask him to take the oath. We advise him to avoid asking him to swear, as much as possible, and to bear the injustice that was done to him, confident in God’s retribution. However, if the judge wishes [to use the oath], we do not prevent him from doing so.

As for the defendant, we cannot often forbid him to take the oath. Indeed, [his adversary] often demands of him something that is above his strength, or that he does not understand. Even to him, we recommend whenever possible not to swear. If there is no alternative, however, we do not oppose his right [to take the oath].