James 5:12 The taking of an oath

12 But above all, my brethren, do not swear, either by heaven or by earth or with any other oath; but your yes is to be yes, and your no, no, so that you may not fall under judgment.

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From...  http://www.christiancourier.com/articles/270-is-taking-an-oath-in-court-...

By Wayne Jackson

First, let me point out that the term “swear,” as employed in our modern society, has two distinct senses. It is used as an equivalent for “profanity,” which, of course, no Christian should ever use. Also, though, the term “swear” may refer to a “legal oath.”

The question above pertains to this latter usage. Is it proper, for example, in a court setting to answer in the affirmative when asked: “Do you swear to tell the truth, the whole truth, and nothing but the truth — so help you God?” The following facts may help us put the matter into focus:

(1) An oath is not intrinsically evil. Jehovah bound himself under an oath to Abraham when he promised to bless the patriarch (cf. Heb. 6:13-14). With reference to the priesthood of Christ, God “hath sworn, . . . ‘You are a priest for ever after the order of Melchizedek’” (Psa. 110:4).

Since the Lord is perfect, one must conclude that an oath per se is not sinful.

(2) When Jesus was on trial, the high priest said: “I adjure you by the living God, that you tell us whether you are the Christ, the son of God” (Mt. 26:63). The word “adjure” translates the Greek exorkizo, which means “to extract an oath, to force an oath” (J.H. Thayer, Greek Lexicon of the New Testament, 224). Caiaphas put the Lord under oath, hoping that he would incriminate himself.

And Jesus honestly replied, “You have said” (su eipas), which, as language authorities note, “is a Greek affirmative reply” (A.T. Robertson, Word Pictures in the New Testament, I.218). Mark’s parallel has it even plainer: “I am” (Mk. 14:62). This is the same expression used by Jesus when Judas asked the Lord, “Is it I?” (Mt. 26:25).

(3) Paul employed an oath when he wrote to the Corinthians: “But I call God for a witness upon my soul, that to spare you I forbare to come unto Corinth” (2 Cor. 1:23; cf. Rom. 1:9). And remember, he wrote these words by inspiration.

Observe the apostle’s strong statement in this passage: “Now concerning the things which I write unto you, behold, before God, I lie not” (Gal. 1:20).

(4) The Scriptures warn against “false swearers” (1 Tim. 1:10), which would seem to be a needless specific if all swearing, of any sort, is prohibited.

What, then, is the meaning of James’ prohibition?

Since it is apparent that a respectful, sincere, legal oath is not condemned in the Scriptures, the prohibition of James 5:12 (cf. also Mt. 5:33-37) must pertain to something else. A different kind of swearing must be in view in these passages. What is it? Let me introduce the testimony of several respected scholars.

J.T. Mueller, a professor at Concordia Theological Seminary, describes sinful swearing as that which is “false, blasphemous and frivolous” as well as the assumption of oaths regarding “uncertain things” (Wycliffe Dictionary of Theology, 382).

Professor D. Edmond Hiebert says that the New Testament condemns the “indiscriminate, light, or evasive use of oaths” (Wycliffe Bible Dictionary, 1219).

Guy N. Woods noted that oaths that are condemned involve the “flippant, frivolous and profane” use of God’s name. Woods pointed out that the prohibitions of Matthew 5:33-37 and James 5:12 have no reference to sincere judicial oaths. His discussion of these matters is very thorough (Commentary on James, 288-294).

That all oaths of every kind were not forbidden is evident within the context of Jesus’ discussion of this theme in the sermon on the mount. In the context of condemning certain oaths, the Lord said, “but you shall perform unto the Lord your oaths” (Mt. 5:33).

Finally, as to the Pledge of Allegiance, there is nothing in this historic pledge that is at variance with the principles of Christianity. It is simply an affirmation of devotion to the laws of the government under which we live. This is entirely consistent with the instruction of Romans 13:1ff (cf. 1 Pet. 2:13), which enjoins obedience and respect for the “powers that be.”

Of course one’s allegiance to his nation is always subservient to his loyalty to God, and whenever the two come into conflict, obedience to the Lord takes precedence (Acts 4:19-20; 5:29).