The Meaning of Mekayeim, and a possible Hidden Derasha
In Sanhedrin 63b:
הַנּוֹדֵר בִּשְׁמוֹ וְהַמְקַיֵּים בִּשְׁמוֹ, הֲרֵי זֶה בְּלֹא תַעֲשֶׂה. הַנּוֹדֵר בִּשְׁמוֹ וְהַמְקַיֵּים בִּשְׁמוֹ, מְנָלַן?
§ The mishna teaches with regard to one who vows in the name of an idol and one who affirms his statement by an oath in its name, that this person is in transgression of a prohibition. The Gemara asks: From where do we derive that one who vows in the name of an idol and one who affirms his statement by an oath in its name transgresses a prohibition?
דְּתַנְיָא: ״וְשֵׁם אֱלֹהִים אֲחֵרִים לֹא תַזְכִּירוּ״ – שֶׁלֹּא יֹאמַר אָדָם לַחֲבֵירוֹ ״שְׁמוֹר לִי בְּצַד עֲבוֹדָה זָרָה פְּלוֹנִית״. ״לֹא יִשָּׁמַע עַל פִּיךָ״ – שֶׁלֹּא יִדּוֹר בִּשְׁמוֹ וְלֹא יְקַיֵּים בִּשְׁמוֹ, וְלֹא יִגְרוֹם לַאֲחֵרִים שִׁידְּרוּ בִּשְׁמוֹ וְשֶׁיְּקַיְּימוּ בִּשְׁמוֹ.
The Gemara answers: As it is taught in a baraita that the meaning of the verse: “And make no mention of the name of the other gods, neither let it be heard out of your mouth” (Exodus 23:13), is that a person may not say to another: Wait for me next to such and such an object of idol worship. The meaning of the statement “neither let it be heard out of your mouth” is that one may not vow in the name of an idol, nor affirm his statement by an oath in its name, nor cause others, i.e., gentiles, to vow in its name or affirm their statements by an oath in its name.
The contrast between noder and mekayem is taken by Rav Steinsaltz here, and in Artscroll, as vowing vs. swearing, taking a neder vs. taking a shevua.
Are we sure of this? Rav Yosef Karo, in Kesef Mishnah, explains it this way, and points to Onkelos. For instance, in Shemot 13:11:
וְהָיָ֞ה כִּֽי־יְבִאֲךָ֤ יְהֹוָה֙ אֶל־אֶ֣רֶץ הַֽכְּנַעֲנִ֔י כַּאֲשֶׁ֛ר נִשְׁבַּ֥ע לְךָ֖ וְלַֽאֲבֹתֶ֑יךָ וּנְתָנָ֖הּ לָֽךְ׃
“And when Hashem has brought you into the land of the Canaanites, as [God] swore to you and to your fathers, and has given it to you,
Onkelos translates:
וִיהֵי אֲרֵי יָעֵלִנָךְ יְיָ לְאַרְעָא דִכְנַעֲנָאֵי כְּמָא דִי קַיִים לָךְ וְלַאֲבָהָתָךְ וְיִתְּנִנַהּ לָךְ:
When Adonoy brings you to the land of the Canaanites as He swore to you and to your fathers; and He will have given it to you.
That is lovely, but isn’t it Aramaic? The brayta meanwhile is Hebrew, so I would prefer a Hebrew example of קיים meaning an oath.
There is an alternative possibility, and contrast with neder. I haven’t looked to see if anyone suggests it, but I am suggesting it. Consider Nedarim 22:
דְּתַנְיָא, רַבִּי נָתָן אוֹמֵר: הַנּוֹדֵר — כְּאִילּוּ בָּנָה בָּמָה, וְהַמְקַיְּימוֹ — כְּאִילּוּ מַקְרִיב עָלָיו קׇרְבָּן.
as it is taught in a baraita: Rabbi Natan says: One who vows is considered as if he built a personal altar outside the Temple, which is prohibited, and one who fulfills this vow is considered as if he sacrifices an offering on it.
These are the same two words, noder and mekayem, and appear in the same order as in our sugya. It is clear in Nedarim that mekayem is subsequent fulfillment of the selfsame vow.
Applied to our sugya, this is not a prohibition of swearing to some fact using an idol’s name. Rather, one commits a sin via the initial vow-taking using the idol’s name — a vow to do something.
Then, the question is: I made such a negative vow. Should I fulfill the vow, because that way I am keeping my word, and fulfilling midvar sheker tirchak? Or, by keeping your word, does that effectively prop up the idol. The pasuk saying to keep a vow is Bemidbar 30:3:
אִישׁ֩ כִּֽי־יִדֹּ֨ר נֶ֜דֶר לַֽיהֹוָ֗ה אֽוֹ־הִשָּׁ֤בַע שְׁבֻעָה֙ לֶאְסֹ֤ר אִסָּר֙ עַל־נַפְשׁ֔וֹ לֹ֥א יַחֵ֖ל דְּבָר֑וֹ כְּכׇל־הַיֹּצֵ֥א מִפִּ֖יו יַעֲשֶֽׂה׃
If a householder makes a vow to Hashem or takes an oath imposing an obligation on himself, he shall not break his pledge; he must carry out all that has crossed his lips.
So lo yachel devaro is specifically for a vow / oath to Hashem, not an oath to Ba’al Peor. But then, violating the vow / oath to Baal Peor might be simply optional. It doesn’t make it prohibited. That is what this novel derasha comes to teach.
Each of the acts enumerated in the brayta purportedly comes from this verse, but quite possibly in different ways. These acts were:
Not saying “Wait for me next to such and such an object of idol worship.” This was from וְשֵׁם אֱלֹהִים אֲחֵרִים לֹא תַזְכִּירו. So the duplication and Biblical parallelism immediately following it, of לֹא יִשָּׁמַע עַל פִּיךָ has to mean something more, namely:
Not to vow in the idol’s name.
Not to affirm, meaning swear (or perhaps fulfill said vow).
Indirectly cause others, namely a gentile who believes in the idol, to vow and swear (or fulfill) by the idol.
Item #2 seems like a straightforward peshat meaning of “it shall not be heard upon your mouth”. Item #3 is also a straightforward peshat meaning, the same as #2, assuming that it refers to swearing.
Item #4 is creative, and a derasha. It looks at the passive, יִשָּׁמַע. How is it that “it shall not be heard”? Even if you don’t mention it, but you effectively have caused it to be heard. Further, עַל פִּיךָ does not have to literally mean “upon your mouth”, but rather caused by, or on the basis of. Consider the famous pasuk in Devarim:
עַל־פִּ֨י הַתּוֹרָ֜ה אֲשֶׁ֣ר יוֹר֗וּךָ וְעַל־הַמִּשְׁפָּ֛ט אֲשֶׁר־יֹאמְר֥וּ לְךָ֖ תַּעֲשֶׂ֑ה לֹ֣א תָס֗וּר מִן־הַדָּבָ֛ר אֲשֶׁר־יַגִּ֥ידֽוּ לְךָ֖ יָמִ֥ין וּשְׂמֹֽאל׃
You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left.
al pi means “in accordance with”. Not that the instructions, or the Torah, has a literal mouth. So the hidden drasha is that even indirectly, but as a result of you, al picha, the idol’s name should not be heard.
This analysis leads strongly to a Kessef Mishnah-like analysis, that noder and mekayem are types of utterances, either vows or oaths. But I still like my mekayem as fulfill, so is there a way of salvaging this?
Perhaps there is an additional hidden derasha in these words. I don’t know what it would be, but I can speculate.
(A) Let us point to the word יִשָּׁמַ֖ע, and wonder if it can also mean accept / be accepted. As in Rambam’s famous dictum ואסמע אלחק ממן קאלה, or ושמע האמת ממי שאמרו.
So shema means more than literal hearing. Perhaps it encompasses acting in such fashion that such promises made in that deity’s name are accepted, because you kept your word?
(B) While this part of the verse was not quoted, the verse reads in full:
וּבְכֹ֛ל אֲשֶׁר־אָמַ֥רְתִּי אֲלֵיכֶ֖ם תִּשָּׁמֵ֑רוּ וְשֵׁ֨ם אֱלֹהִ֤ים אֲחֵרִים֙ לֹ֣א תַזְכִּ֔ירוּ לֹ֥א יִשָּׁמַ֖ע עַל־פִּֽיךָ׃
Be on guard concerning all that I have told you. Make no mention of the names of other gods; they shall not be heard on your lips.
So there is a contrast from the beginning of the verse. Everything that I, Hashem, have told you, you should keep. In contrast, you should not keep promises made which attach to false idols.