Suspended outside Rahab's window, mere moments before escaping into the night, the spies pause to redefine the boundaries of their agreement. This critical delay ensures their promise to her is honored without risking the violation of an oath or contradicting a divine command. Although an explicit swearing ceremony was not detailed earlier, the spies' initial agreement to offer their own lives in exchange for hers is legally considered the formal acceptance of the oath [רד״ק].
Commentators offer two primary ways to understand this pivotal conversation. The first approach views this moment as the spies setting strict conditions for their existing promise. They declare their desire to remain completely free from the severe sin of breaking a vow in the future [מצודת דוד, רלב״ג]. To prevent any failure on their part, they transfer the responsibility to Rahab, making the pact entirely dependent on her performing a specific, agreed-upon sign [רש״י, רד״ק, ביאור שטיינזלץ]. Furthermore, leaving the promise unconditional posed a massive risk. The spies could have found themselves obligated to save anyone in Jericho who claimed to be Rahab's relative, which would directly violate the Torah's command to destroy the inhabitants of the land. Therefore, they deliberately restrict the rescue strictly to those gathered inside the marked house [רלב״ג].
Alternatively, other commentators offer a more dramatic and legal perspective, explaining exactly why the spies waited until they were outside the window to speak rather than finalizing the details while hiding on the roof. When Rahab first made them swear, the spies were completely at her mercy and in mortal danger. Under Jewish law, an oath extracted under duress is invalid, and the forceful, coercive nature of this initial pledge justified their release from it [מלבי״ם]. Therefore, the moment the spies are outside the city walls and standing on their own authority, they declare themselves legally free from that first absolute oath. Now acting out of complete free will, they establish a new covenant with her, this time with clear and manageable conditions [מלבי״ם, אברבנאל]. Even though the initial coercion legally exempted them from saving her, they choose to extend this kindness to demonstrate the righteousness and holiness of the people of Israel [אהבת יהונתן].