This verse begins a subsection on the general theme of prayer. Even though some scholars do not see any connection between this verse and the ones before and after, we can see that it is somewhat related to the theme of prayer, in that “swearing” is a wrong way of calling upon God in prayer (Laws).
But above all is literally “Before everything [else].” This can be taken to mean that the exhortation introduced by this formula is the conclusion of a series of exhortations and is the most important of them all. However, it seems best to take it as a transition to a new line of thought with emphasis. The phrase above all, as used here, does not have to mean that the warning against swearing is more important than other exhortations; it probably means that what follows as a whole is important. It also signals that James is bringing his letter to a close. The familiar expression my brethren (meaning “brothers and sisters” or “fellow believers”) also serves to mark the transition, in addition to above all.
Do not swear, either by heaven or by earth or with any other oath: this prohibition is very similar to the teaching of Jesus recorded in Matt 5.33-37, even though there are some differences. The common message is that truthfulness should be dependable, so much so that no oath is needed to support it. Swearing is prohibited because it involves using the name of God in order to convince others that what you promise and say is true and will be kept. The law does not prohibit oaths, but it demands that a person must be true to any oath he or she has taken (Lev 19.12). The most binding of all oaths is to call upon God to witness the truth of the oath. It may be observed that “to swear” or “to make an oath” often involves calling upon a sacred being (such as some deity or God) or an object (such as heaven, earth, or Jerusalem) to be the witness, with the understanding that, if the oath made is not kept, the one who made the oath would be punished by the deity or God. In many languages there are expressions for swearing that carry this sense, and so there is no problem in choosing the right terms to translate do not swear. In languages where this sort of expression is not available, we may have to say exactly what we mean; for example, “Do not ask God to testify that your statement is true.”
Following the teaching and tradition of not making wrong use of the sacred name of God (Exo 20.7), people would swear by heaven (because it is God’s dwelling place) or by earth (because it is God’s footstool). So to swear by heaven or by earth is a substitute for using the name of God, equivalent to swearing by God’s name. The expression or with any other oath shows that people did also use other sacred things or places in the oath; for example, they obviously did swear by Jerusalem (Matt 5.35).
But let your yes be yes and your no be no: what James wants his readers to have is total truthfulness and honesty. A simple “yes” or “no” should count. Here but is adversative, countering the point just made. The imperative may be rendered more naturally as “If you mean Yes you must say Yes, and if you mean No you must say No” (Barclay), or “You must say ‘Yes’ when you mean yes; you must say ‘No’ when you mean no.”
That you may not fall under condemnation: this is the reason for demanding avoidance of swearing. The condemnation is by God, and this may be made clear. We may restructure this final clause as “so that God will not condemn you” or “then you will not come under God’s judgment” (Good News Translation, Bible en français courant).
Quoted with permission from Loh, I-Jin and Hatton, Howard A. A Handbook on The Letter from James. (UBS Handbook Series). New York: UBS, 1997. For this and other handbooks for translators see here .
