It is often said that oaths are as old as time itself, and that there are as many different oaths on earth as there are religions.

At a glance, each of these statements is plainly wrong. Yet they have something important to tell us about what an oath is – and what it is not.

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In this article I will give you a clear definition of what an oath is. I will also explain some common misconceptions about oaths and how they apply to affidavits.

Definition of an oath

An oath is simply defined as a solemn promise to tell the truth which a person makes in a religious fashion. When a person makes an oath, this is also known as “taking” or “swearing” an oath.

It’s important to know that the wording and any ceremony used to administer an oath are completely up to the person swearing the oath. All that the law requires is that the person swearing the oath believes that the oath, in the form it is administered, binds their conscience to tell the truth.

The critical feature of an oath is that it is made by a person of religion in a fashion consistent with their view of that religion. Most commonly (but not always), the person will swear to either a single god or multiple gods in whom they believe. They are swearing to (or before) that god or gods that what they are saying is true.

However, not all religions have gods (Buddhists are an obvious example of this). This does not prevent people of those religions from taking an oath in the form that they believe will bind their conscience to tell the truth.

Is a religious book necessary to swear an oath?

It is common for people to swear oaths on a religious book of their choice (for example. a Christian will often swear on the bible). There is widespread confusion about whether this is actually necessary.

The simple answer is that it is not necessary to use a religious book if the person swearing the oath believes that the oath, in the form it is administered, binds their conscience to tell the truth.

This will usually be the case as it is difficult to imagine a religious person swearing to their god but then claiming that this meant nothing because no religious book was present. It is the adult equivalent of claiming that it is OK to tell a lie if your fingers are crossed behind your back.

However, if the person swearing the oath believes that it will not bind them unless a religious book is necessary then a religious book must be used.

What is an affirmation and how is it different to an oath?

An affirmation is a non-religious form of an oath. Affirmations are intended to have exactly the same purpose and significance of an oath, namely to ensure that the person making the affirmation tells the truth.

Affirmations are usually made by non-religious people. This is because non-religious people cannot take oaths as the definition above explains.

Can a religious person choose to make an affirmation instead of an oath?

Affirmations are sometimes made by people who are religious as well. There may be many reasons for this. The person may object to taking an oath because taking oaths is not part of their religion. This is the case for some Jewish people.

A religious person might also make an affirmation if they believe that a certain ceremony is necessary to take an oath and the ceremony cannot be undertaken (for example if a religious book is required and is not available.

It is a myth that religious people can choose to take an affirmation if they are unsure of what they are attesting to. In Wigmore on Evidence (3rd edn, 1940, para 1827) the authors relate a story of an Uncle Rastus who swore one week and affirmed the next. When asked why by the judge, he claimed “I was more sure of my facts in the earlier case that I am in this one!”

Whether the story is true or not, the fact is that the obligation of a religious person to tell the truth when making an affirmation is exactly the same as if they had made an oath.

Why are oaths or affirmations required for affidavits?

All affidavits require the person making them to swear an oath or make an affirmation. In the English case of Re Cohen Evershed MR explained the reason for this by stating:

“Affidavit evidence can only be entitled to the same weight as oral evidence, when those who swear the affidavit realise that the obligation of the oath is as serious when making an affidavit as when making statements in the witness box. “