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A Concise Summary of the Islamic Rulings on Oaths (Aymān)
Author : Dr. Mufti Jihad Tawalbeh
Date Added : 01-12-2025

A Concise Summary of the Islamic Rulings on Oaths (Aymān)

 

All praise is due to Allah, Lord of the Worlds, and peace and blessings be upon our Master Muhammad, the Seal of the first and the last, and a mercy to the worlds.

The rulings on oaths are among those which the Noble Shari'ah has emphasized clarifying for people. Allah the Almighty mentioned them in His Great Book, saying {what means}: "It is made lawful for you to go in unto your wives on the night of the fast. They are raiment for you and ye are raiment for them. Allah is Aware that ye were deceiving yourselves in this respect and He hath turned in mercy toward you and relieved you. So hold intercourse with them and seek that which Allah hath ordained for you, and eat and drink until the white thread becometh distinct to you from the black thread of the dawn. Then strictly observe the fast till nightfall and touch them not, but be at your devotions in the mosques. These are the limits imposed by Allah, so approach them not. Thus Allah expoundeth His revelation to mankind that they may ward off (evil)." The Prophet, peace and blessings be upon him, also explained them. It is narrated from 'Abd al-Rahman ibn Samurah that the Prophet, peace and blessings be upon him, said to him: "If you swear an oath and then see something better than it, then do the better thing and offer expiation for your oath." ([1])

 This concise summary is presented in a question-and-answer format to address frequently asked questions, based on the relied-upon position of the Honorable Shafi'i school and the fatwas of the General Iftaa' Department. We ask Allah the Almighty to benefit us and the readers with it.

• What is the meaning of an oath (Yamin) according to Islamic law?

An oath is the commitment to affirm a probable matter or to resolve to achieve it, using one of Allah's names or attributes.

• What are the conditions for the one swearing the oath?

The one swearing must be legally competent (i.e., mature and sane), acting voluntarily (i.e., not under coercion), and intending to swear the oath.

• What are the categories of oaths?

An oath is either a 'Vain Oath' (Yamin al-Laghw), a 'Binding Oath' (Yamin al-Mun'aqidah), or a 'False Oath' (Yamin al-Ghamus).

• What is a Vain Oath (Yamin al-Laghw)?

It is an oath that slips from the tongue without specific intention or is uttered habitually, such as a person habitually saying "No, by Allah" and "Yes, by Allah."

• What is a Binding Oath (Yamin al-Mun'aqidah)?

It is an oath sworn with the intention of affirming or resolving to do something.

• What is a False Oath (Yamin al-Ghamus)?

It is swearing to the truth of something in the past, present, or future while knowingly being untruthful about it.

• What is the ruling on swearing by other than Allah, such as swearing by someone's life, by one's trustworthiness, or by the Ka'bah?

Swearing by other than Allah is disliked (Makruh), and the oath is not considered binding. If the intention was to venerate the object of the oath as one venerates Allah, then it is forbidden (Haram). Shaykh al-Islam al-Nawawi, may Allah have mercy on him, said: "Swearing by a created being, such as the Prophet, the Ka'bah, Gabriel, the Companions, or the Family [of the Prophet], is disliked." ([2])

• Does swearing by other than Allah constitute disbelief (Kufr)?

Swearing by other than Allah is not considered disbelief unless the one swearing intends to venerate the object of the oath as Allah is venerated. Shaykh al-Islam Zakariyya al-Ansari said: "If he believed in its veneration as Allah is venerated—meaning he believed it deserved the same level of veneration he believes is for Allah—then he has committed disbelief. This is the understanding of the Hadith reported by al-Hakim: 'Whoever swears by other than Allah has committed disbelief.' As for if it merely slips from his tongue without such intention, there is no dislike; rather, it is a vain oath. This is the understanding of the Hadith in the Sahihayn [Al-Bukhari and Muslim] regarding the story of the Bedouin who said, 'I will not add to this nor decrease from it, may my father be sacrificed for him if he is truthful.'" ([3])

• What is the ruling on swearing by the derived names specific to Him, glorified and exalted, such as 'Lord of the Worlds,' 'The Ever-Living Who does not die,' or 'The One in Whose Hand is my soul'?

The oath is binding in all cases, and the rulings of oaths apply.

• What is the ruling on swearing by the attributes of Allah, such as His Knowledge, His Might, or His Right?

The oath is binding in all cases, and the rulings of oaths apply.

• What is the ruling on swearing by 'the Right of Allah' (Haqq Allah)?

The oath is binding by it, except if by 'His right' he means His worship, then it is not binding.

• What is the ruling on swearing by the Qur'an or the Mus'haf?

The oath is binding if the intention is to swear by the attribute of His Speech.

• What is the ruling if someone says to another: "I ask you by Allah," or "I adjure you by Allah to do such-and-such"?

It is recommended for the person addressed to fulfill the request of the one swearing, provided it is not for something sinful or disliked. If the person addressed does not fulfill it, the one who swore the oath has broken it and must offer the expiation for his oath.

• Does saying "By the covenant of Allah," "By the limit of Allah," or "Between me and you is Allah" constitute an oath?

It becomes an oath if he intends it as an oath.

• What is the ruling on one who swears that something happened or that he did something in the past, thinking it most likely that it did happen or that he did it, and then it becomes clear that it did not happen or that he did not do it?

He does not break his oath, and he is cleared from liability before Allah. Imam al-Ramli said: "The conclusion from their lengthy, apparently contradictory discussion is that whoever swears about a specific thing that it did not happen, did happen, or will happen, or [swears] 'If I did not do' or 'If so-and-so did not do,' or [about someone being] in the house, based on his assumption or belief due to his ignorance or forgetfulness, and then it becomes clear that it was contrary to what he assumed or believed—if he intended by his oath that the matter was such according to his assumption, belief, or the extent of his knowledge (i.e., he was not aware of the contrary), then there is no breaking of the oath. This is because he linked his oath to his assumption or belief, and he was truthful in that. If he did not intend anything specific, then the ruling is the same, interpreting the words according to their reality, which is the perception of the occurrence of the relation according to what is in his mind, not according to the actual reality, based on the mentioned Hadith." ([4])

• What about one who swears not to do something and then does it out of ignorance, forgetfulness, or coercion?

He does not break his oath, and he is cleared from liability before Allah. However, he is required to fulfill that oath. If he does it again while remembering [the oath], he breaks his oath and the expiation for the oath becomes obligatory.

• What is the ruling on one who swears to do something forbidden?

He sins by his oath, and he must not do it. The expiation for the oath becomes obligatory upon him.

• What is the ruling on one who swears to do or to leave something permissible?

It is recommended for him not to break the oath. If he breaks it, the expiation becomes obligatory upon him.

• What is the ruling on one who swears to do something disliked or to leave a Sunnah?

It is recommended for him to break the oath. If he breaks it, the expiation becomes obligatory upon him.

• What is the ruling on one who swears to perform a Sunnah or to leave something disliked?

It is disliked for him to break the oath. The expiation becomes obligatory upon him if he leaves performing the Sunnah or does the disliked act.

• What is the ruling on one who swears not to enter a specific house while he is inside it, and he remains inside after swearing?

He breaks his oath, and the expiation becomes obligatory upon him, because continuity is equivalent to initiating the action.

• Is there an expiation for a False Oath (Yamin Ghamus)?

One who swears a false oath must give the expiation for an oath. If he used it to usurp someone's right, he must return the rights to their owners. Repentance and seeking forgiveness are also obligatory upon him.

• What is incumbent upon the one who swears if he breaks his oath?

The one who breaks the oath is obliged to offer the expiation, which is: freeing a slave, or feeding ten needy people, or clothing them. If he cannot find [or afford] any of these, then he must fast for three days.

• Is it permissible to give the expiation before breaking the oath?

It is permissible to give the expiation before breaking the oath if it is by freeing a slave, feeding, or clothing.

• Is it permissible to expiate for the oath by fasting three days before breaking the oath?

It is not permissible to expiate for the oath by fasting before breaking it.

• Must the fasting be consecutive?

The fasting does not have to be consecutive.

• Is one expiation sufficient or are more required if one swears multiple oaths regarding the same matter?

One expiation is sufficient for all of them.

• Is one expiation sufficient or are more required if one swears multiple oaths regarding different matters?

One expiation for an oath is required for each separate matter.

________________________________________

[1] Al-Nasa'i, Sunan al-Nasa'i, Hadith Number (3789).

[2] Al-Nawawi, Rawdat al-Talibin, Kitab al-Ayman, Vol. 11, P. 7.

[3] Al-Ansari, Asna al-Matalib Sharh Rawd al-Talib, Vol. 4, P. 242.

[4] Al-Ramli, Nihayat al-Muhtaj, Vol. 7, P. 36.

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Summarized Fatawaa

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

What is the ruling on fasting the six days of Shawwal?

Fasting the six days of Shawwal is Sunnah. The Prophet ﷺ said: "Whoever fasts Ramadan and then follows it with six days of Shawwal, it is as if they have fasted for a lifetime." [Narrated by Muslim]
This is because fasting one month of Ramadan is rewarded as fasting for ten months, and the six days are equivalent to sixty days, completing a full year of fasting.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

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