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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

What is the ruling on mentioning Allah`s name upon slaughtering an animal?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah (prophetic tradition) for the person slaughtering to say: "Bismillah" (In the Name of Allah), though the most complete and perfect phrasing is to say: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). This is in accordance with the words of Allah Almighty: "So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am/118)
 
However, pronouncing it is not an obligatory requirement (Wajib). If someone omits it—whether deliberately or out of forgetfulness—the meat remains entirely lawful (Halal) to eat, though purposely omitting it is considered disliked (Makruh). And Allah the Almighty Knows Best.

Is my husband entitled to take my salary?

Your salary is yours, and you may give some of it to him as a kind of free-will contribution.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

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