#softlysilver

He quietly held that skepticism until the Second Age, when, tired and grieving just after the war with Sauron, he turned a corner and saw several things at once.

There sat an elven-maid in silvered armor spattered with mud. Her silver hair, released from her helm, tumbled down in sweat-darkened clumps. Her sword lay bare across her lap, the cleaning cloth (half-covered in dark orc blood) discarded in favor of a lifted hand, upon which rested a songbird trilling its melody. The lady was smiling, looking upon the bird, and the smile did not lift the weariness from her face, but rested alongside it.

The Oath is specifically targeted at anyone who "hideth or hoardeth, or in hand taketh, finding keepeth or afar casteth a Silmaril" which I do not believe means anyone who touches a Silmaril, despite "in hand taketh" because all the other stipulations are targeted specifically at people who keep the Silmarils away from the Feanorians, by hiding, hoarding, keeping, or even throwing it far away. It would also just be bizarre if, say, a Feanorian follower returned the Silmaril to their lords and the Oath required that they kill them.

However, the strongest evidence for the Oath only applying (or being interpreted to only apply) to people who deliberately withhold the Silmarils from the Feanorians are Maedhros'/the Feanorians' actions before the 2nd and 3rd kinslayings: in both cases, they send a letter demanding the return of the Silmaril. Now, if by touching/posessing the Silmaril, the deaths of Thingol, Dior, and then Elwing are already demanded by the oath, why in the world would they send a letter (losing part of the element of surprise), not even to declare war, but demanding the Silmaril's return? Sending that letter implies that this can still be resolved peacefully if the Silmaril is handed over.

It's my interpretation that Maedhros/the Feanorians are rules-lawyering this tiny loophole in the oath (regardless of whether the oath is present magically/compulsive/just their own dedication) by deliberately closing their eyes to the fact that the current holder of the Silmaril definitely believes it to be their possession and is deliberately keeping it from the Feanorians---which lasts as long as that holder hasn't confirmed that desire.

After all, Thingol, Dior, and Elwing didn't steal the Silmaril, they received it from family members. If the Feanorians ignore the intent behind their keeping it (before that intent is confirmed by the holder's response to the Feanorian's demand), then they could consider Thingol et al to simply...coincidentally...happen to be holding a Silmaril, not possessing it for themselves and therefore not liable to the oath.

Actually, one line in the text from after Thingol refuses to return the Silmaril even hints that even after that, the situation might be salvageable if the Silmaril is returned by free will: "Celegorm and Curufin vowed openly to slay Thingol and destroy his people if they came victorious from war [this is pre-Nirnaeth], and the jewel were not surrendered of free will" (emphasis mine, Of the Fifth Battle, The Silmarillion).

Think about it--Eru shows them a vision of a created world, then they figure out that they have to create it themselves; ok, fine, Manwe and Ulmo have a great time making weather systems, Aule fashioning the mountains, Yavanna her plants, etc. They're having a great time (minus Melkor's interference) literally world-building. This is largely what they are good at and what they want to do.

They did not sign up to deal with political crises, personal/family crises, morality crises, and war, they were probably never intended to have to deal with this in Iluvatar's perfect world, and they are bad at it.

None of this is meant to excuse their, uh...less than stellar decisions, but this post isn't about those, it's about the context of the Valar signing up for Minecraft in Creative mode and not only getting thrown into Survival, but also thrown into adjudicating elf drama, elf marriage/life/death metaphysics, and kinslayings.

Admittedly, they put themselves in a position of authority over the elves, but I still don't think they expected all of that, especially not before they entered Arda, when all they wanted to do was create a beautiful world for the children of Iluvatar.

Beren and Finrod are willing to blow their cover right in front of Sauron himself rather than repeat these words:

"Death to light, to law, to love! / Cursed be moon and stars above! / May darkness everlasting old / that waits outside in surges cold / drown Manwë, Varda, and the sun! / May all in hatred be begun / and all in evil ended be / in the moaning of the endless Sea!"

So...how do the elves perform this part of the Lay of Lethian? Because these lines are from the Lay, and the elves must sing and perform the Lay fairly often since it's one of their most beloved stories.

I find it difficult to believe that they would willingly and frequently repeat the blasphemous and seditious words that Finrod and Been were willing to lose their lives not to repeat just for a song (however important that song might be). If nothing else, it would be very disrespectful to the heroes they are trying to immortalize who did in fact die in large part because they blew their cover by not repeating those words.

As their fathers dueled with words over the throne of Nargothrond, over Finrod's life, when Celebrimbor's tongue was knotted in his mouth and words choked in his throat, did his eyes desperately latch on to the family member closest to him in age? The only Finwean who had also been silent during this whole exchange? Did he look to her for some help, some commiseration as their family ripped itself apart again and they stood helplessly by, again?

They were full-grown in the years of the Eldar but each was a child still in the sight of their family, and when their fathers yelled at each other they certainly never stopped, not even for diplomacy, not even for their children, so what would be the point of taking a stand. Could he even take a stand against his own father? Against the Oath? Did Celebrimbor look for sympathy in Finduilas' eyes?

"[Eol] seized the javelin that he held hid beneath his cloak and cast it at Maeglin...But Aredhel sprang before the dart, and it smote her in the shoulder...and in the night she died; for the point of the javelin was poisoned" (Of Maeglin, The Silmarillion).