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.

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[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.