What Does a Contemporary Bais Din do When Someone is Obligated to Make a Shavuah?

Rav Dovid Josilowsky 


Question:  The Gemara speaks about many cases where there is an obligation for one party to make a shavuah. How do contemporary batei din deal with that? 


Answer:  Today’s batei din will never tell someone to make a shavuah. This is because we are concerned about the punishment a person may incur from making a vow, even if it is true. Therefore, a case where someone is obligated to make a shavuah according to halacha will typically be solved with a pshara

The Divrei Malkiel notes that working out a pshara in such a case is not an exact science. Each case is different and must be evaluated on its own merits to see what type of compromise is most appropriate.