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Oaths: Questions & Answers
Author : Dr. Hassan Abu_Arqoub
Date Added : 30-11-2022

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

Oaths and their Kaffara (atonement) are most needed in people`s daily life; therefore, I have adapted examples on this subject from Al-Shirbini`s book [Moghni Al-Mohtaj].

Definition:

An oath is swearing by Allah or any of His attributes or names.

What makes an oath effective?

An oath doesn`t become effective unless the person swears by Allah or any of His attributes. For example, (By Allah) (Wallah) or by the Lord of the Worlds (Wa Rab Al-Alameen).

 

What is the ruling on swearing by other than Allah?

 

It is disliked to swear by other than Allah. The evidence on this is that Ibn 'Umar (May Allah be pleased with them) said: The Prophet (PBUH) said, "Allah has prohibited you from taking an oath by your fathers. He who must take an oath, may do so by swearing in the Name of Allah or he should remain silent." [Agreed upon].

 

What did the Prophet (PBUH) mean by {He, who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk "}?

 

First: One who swears by anyone or anything other than Allah has indeed committed an act similar to that of the infidels. This Hadith discourages such ugly acts.

 

Second: One who believes that what he had sworn by is as glorified as Allah has committed Kufr and Shirk.

 

Is the oath of one who said (By the right of Allah) considered effective?

 

If the swearer intended (By the right of Allah) as an oath, then it is definitely an oath, and the same is true if he made it unconditional, without intention. This is because this phrase is often used in oaths, so it is considered as such.

 

Is the oath of the one who swears by the Quran considered effective?

 

Swearing by the Glorious Quran is considered an oath because the Quran is the word of Allah, and His word is one of His attributes. He The Almighty Says (What means): "Of some apostles We have already told thee the story; of others We have not;- and to Moses God spoke direct;-" [An-Nisaa`/164]. We have stated earlier that an oath becomes effective when any of Allah`s attributes is used.

 

If a person said: (By Allah, I will do so and so), is his oath considered effective?

 

Using one of the letters of oath (Qasam/Yameen), such as (Baa`, Wawo, or Taa`), render an oath effective, even without making the intention of an oath. Be that in the nominative or accusative.

 

If a person said: (I swear to you by Allah) or (I ask you by Allah to do so and so), is this oath considered effective and who is liable for it?

 

If the person taking the oath intended it as such then it is considered an oath. In addition, the addressee is encouraged to fulfill that oath if it doesn`t involve anything prohibited or disliked. If the addressee didn`t fulfill it, then the person who took it is liable for atonement. However, If his intention is/isn`t to make the addressee the one swearing by Allah; rather, he meant Allah`s intercession or made the oath unconditional, then this isn`t considered an oath, and neither the person taking the oath nor the addressee is liable for the Kaffara of breaking an oath.

 

What is the ruling on one who says (If I do so and so, then I`m a Jew or a Christian)?

 

First: This isn`t considered an oath because neither Allah`s name nor any of His attributes is mentioned.

 

Second: The person taking it isn`t liable for Kaffara.

 

Third: Swearing by such words is a sin and uttering them is prohibited.

 

Fourth: All the above is in case the person is taking the oath (If I do so and so, then I`m a Jew or a Christian) to distance themselves from something. However, if he meant that he accepts to be a Jew or something within that meaning, then he is immediately considered a Kafir (Infidel).

 

What is the ruling if the person intended to take an oath to do something but said something else by mistake?

 

This is considered a false oath and no Kaffara is due on him.

 

What is the ruling if a person entered and his friend was lying down and the latter wanted to stand for him out of respect, but the former said: "By Allah, don`t stand" but he stood?

 

This is considered a false oath and no Kaffara is due on him.

 

What is the ruling when a person says: "By Allah, I have/haven`t done this or that" and was intentionally lying?

 

This is perjury oath that immerses its taker in sin or into Hell, and it is among the major sins and a Kaffara must be paid.

 

What is the ruling on the person who takes an oath to leave a duty/obligation or do something forbidden?

 

One who takes an oath to leave a religious obligation, such as saying: (I swear by Allah I won`t pray Fajir) or swore by Allah to commit what is forbidden, such as saying: (I swear by Allah I will accept bribe), is disobedient to Allah in both forms. Therefore, he must break that oath by performing the obligation and refraining from the forbidden, in addition to paying a Kaffara, as not doing so makes him in state of disobedience to Allah.

 

What is the Kaffara for an oath and why is it an obligation?

 

The Kaffara for an oath is freeing a slave, feeding ten poor persons or clothing them of the same standard you do for yourself. If you can`t, then you should fast three days, and it isn`t conditioned that they be fasted successively. As for the reason the Kaffara is an obligation, it is for both the oath and the breaking of the oath.

 

Is it permissible to offer Kaffara before breaking the oath?

 

Is it permissible for the person to offer Kaffara (freeing a slave, feeding ten poor persons or clothing them of the same standard you do for yourself) before breaking his oath. As for fasting, it can`t be offered before breaking the oath.

For example, if he said: (By Allah I won`t enter the house of my maternal aunt), but later wanted to enter to maintain ties of kinship, then he is allowed to feed or clothe ten poor persons before her enters her house. He is also allowed to feed or clothe ten poor persons after her enters her house. However, if he can`t afford the food or the clothing, then he can`t fast until after her enters her house and breaks his oath.

 

What food and clothing?

 

One mud (600 gr. of wheat or rice) for each poor person. According to the Hanafi school of thought, it is permissible to give the monetary value of this mud (60 piasters for each poor person). As for the clothing, it could be shirts, trousers, garment, Thawb, and it isn`t conditioned that the sizeof the garment of suits the recipient.

 

What is the ruling when one says (By Allah I won`t put on these two garments), but wore one? Or said: (By Allah I won`t talk to these two men), but spoke to one of them?

 

The oath isn`t broken if the person taking it wore one garment or spoke to one man, because his oath is intended for both, but that wasn`t the case since he neither wore both garments nor spoke to both men.

 

What is the ruling on the person who said: (By Allah I will neither wear this garment nor that) or (By Allah I will neither speak to this man nor that)?

 

The oath is broken by wearing any of the garments or speaking to any of the men because the oath taker repeated the negation letter (لا), and this repetition made each act intended by the oath.

 

What is the ruling on the person who said: (By Allah I will eat these two loaves of bread) or (By Allah I will speak to these two men)?

 

If he ate the two loaves or spoke to the two men, his oath isn`t broken. However, if he ate a loaf or spoke to one man, then his oath is broken.

 

 

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Summarized Fatawaa

Some online stores offer a discount on a customer's first purchase — what is the ruling on creating a new account each time a customer makes a purchase in order to obtain that discount?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon a Muslim to uphold honesty in both his words and his actions. Allah the Almighty says {what means}: "O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know." [Al-Anfāl/ 27] And He says {what means}: "O you who have believed, fear Allah and be with the truthful." [Al-Tawbah/ 119]. And the Messenger of Allah ﷺ said: "Whoever deceives us is not of us." (Reported by al-Bukhārī.)
As for creating a new account for the same buyer, the terms and conditions of the website must be observed and respected. If doing so violates those terms, it is not permissible. And Allah the Almighty knows best.

What is the ruling on the fasting of a woman who has reached menopause if menstrual blood flows?

If a woman reaches the age of menopause (which is usually sixty-two) and her menses have ceased, then she sees blood after that, and its duration is not less than a day and a night (24 hours), it is menstruation (hayd). If it is less than a day and a night, she is considered as having non-menstrual vaginal bleeding (mustahada), so she fasts and prays. However, she must perform ablution for every obligatory prayer after its time enters, pray immediately, and be treated as a person with a continuous condition. There is no specific end limit for a woman's menstruation; it is possible as long as the woman is alive. And Allah the Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

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