Mi Yodeya is a question and answer site for those who base their lives on Jewish law and tradition and anyone interested in learning more. It only takes a minute to sign up.
Sign up to join this community
Inspired by this question
In Bereshis 47:29 Yaakov asks Yosef to "put his hand under his thigh" (a euphemism) and swear not to bury him in Egypt. Here, unlike by Avraham, there is no indication that the mitzvah of milah is more important to Yaakov than any other (such as learning torah or gid hanasheh). Why then did he ask Yosef to swear in that way?
From KolTorah.org
The Maharal commenting on Rashi, answers that
this was the way the people back then made Shevu’ot; the one swearing would place their hands under the other thigh of the person he is swearing to (as the Ibn Ezra points out in his commentary to Breishit 24:2 and confirmed by Da’at Mikra ad. loc.). Yaakov thought that if he did not do the Shevuah this way, when Yosef would ask him to go and bury his father, Paroh would respond that he did not make the Shevuah according to the law of the land, and, therefore, the Shevuah was null and void.
The Maharal continues to say that the reason Rashi gave the explanation by Avraham that the bris was his nekitas cheifetz is because it wouldn't make sense to say that Avraham was following the world's custom. Avraham had no reason to have Eliezer swear like the custom, unlike Yaakov, who was concerned that Pharaoh wouldn't recognize anything else.
The ibn Ezra himself would probably give the same explanation for both Avraham and Yaakov.
Much thanks to @b a for helping me understand the Maharal correctly.
The pirush Maharzo on the Medrash Rabba perek 59 siman 8 d.h. bitzaar says Yaakov learned to swear like this from Avraham. The Eitz Yosef there in the name of Yaphe Toar says similarly even though Yaakov was young by his circumcision he still made Yosef swear in this manner, one can say that after Avraham swore like this, the tzadik took his way.
