LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

In oaths, birr means fulfillment and ḥinth means a breach. When an oath concerns an act that is normally impossible in its apparent meaning, its operative sense and legal effect require separate analysis.

A well-established figurative usage may provide an interpretable meaning, but a remote resemblance alone cannot supply the legal subject of a binding oath.

Uttering an oath, giving it a legally cognizable meaning, and finding that expiation is due are three distinct stages. They should not be conflated.

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Legal possibility and expiation in oaths

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

In oaths, birr means fulfillment and ḥinth means a breach. When an oath concerns an act that is normally impossible in its apparent meaning, its operative sense and legal effect require separate analysis.

A well-established figurative usage may provide an interpretable meaning, but a remote resemblance alone cannot supply the legal subject of a binding oath.

Uttering an oath, giving it a legally cognizable meaning, and finding that expiation is due are three distinct stages. They should not be conflated.