Oath swearing and its Rulings

a)     Al-Yameen al-Laghu (Unintentional Oaths):

It is swearing without the intention of taking an oath, like saying: ‘La Wallaah (No, by Allaah),’ ‘Bala, Wallaah (Surely, by Allaah).’ When uttering these words, one neither intends to take an oath, nor does he intend to swear. These words are considered ‘Laghu’. This category also includes swearing while one considers something to be true, but it turns out to be otherwise. Allaah (Ta’ala) says:

لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ

“Allaah will not call you to account for your unintentional oaths.” [Surat Al-Ma’idah (5:89)]

‘Aishah (Radia-Allaahu ‘anha) narrated: “The verse, ‘Allaah will not call you to account for your unintentional oaths’ was revealed with respect to those who are in the habit of repeating, ‘No, by Allaah’, ‘Yes, by Allaah’, ‘Never, by Allaah’.” [Reported by Al-Bukhaari no. 4613]

There is neither Kaffarah (expiation), nor blame or sin due to these oaths.

b)    Al-Yameen al-Mun’aqidah (Deliberate/ Intentional Oaths):

These are intentional oaths concerning future affairs, which are possible. These are intentional, deliberate oaths and Kaffarah (expiation) is due if one does not fulfill them. Allaah (Ta’ala) says:

لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَٰكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الْأَيْمَانَ

“Allaah will not call you to account for your unintentional oaths, but He will hold you accountable for deliberate oaths.” [Surat Al-Ma’idah (5:89)]

c)     Al-Yameen al-Ghamoos (the Immersing Oath): These are false oaths, which result in consuming the rights of others unlawfully or they are intended to cheat and betray, while the person who swears this oath, is well-aware that he is lying and that this act is a major sin. Such oaths cannot be fulfilled, there is no Kaffarah (expiation) for it because it is too grave to be made Kaffarah of. In addition, such oaths are not binding; hence, there is no Kaffarah, like in the case of Laghu. Rather, these oaths necessitate Tawbah (repentance) and returning of the rights – if someone’s rights are lost or devoured.

This oath is called al-Yameen al-Ghamoos (the immersing oath) because it immerses the person in sin, and then in the Fire of Hell – Allaah’s refuge is sought. The proof of its prohibition is affirmed in Surat An-Nahl (16:94). Allaah (Ta’ala) says:

وَلَا تَتَّخِذُوا أَيْمَانَكُمْ دَخَلًا بَيْنَكُمْ فَتَزِلَّ قَدَمٌ بَعْدَ ثُبُوتِهَا وَتَذُوقُوا السُّوءَ بِمَا صَدَدْتُمْ عَنْ سَبِيلِ اللَّهِ ۖ وَلَكُمْ عَذَابٌ عَظِيمٌ

“Do not take your oaths as a means of deceiving one another or your feet will slip after they have been firm. Then you will taste the evil consequences of hindering others from the Way of Allaah, and you will suffer a tremendous punishment.”

Ibn Umar (Radia-Allaahu ‘anhuma) narrated that the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “Amongst the major sins are to ascribe partners with Allaah, to disobey parents, to murder someone and to take a false oath (intentionally)“. [Reported by Al-Bukhaari (6675)]

Abu Hurairah (Radia-Allaahu ‘anhu) narrated that the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “There is no Kaffarah for five issues: Shirk with Allaah (ascribing partners to Allaah in worship), killing without the right to do so, slandering a believer, fleeing from the battlefield at time of fighting, Yameen Sabira¹Yameen Sabira here is al-Yameen al-Ghamoos. It is called Sabira coming from the word ‘Sabr’ which means captivated and obliged; because the one who swears this kind of oath, comes under the obligation and has become a captive, and an oath is binding on him with regards to its rulings. (i.e., al-Yameen al-Ghamoos) due to which wealth/ money is unrightfully acquired.” [Reported by Ahmad (2/362). Authenticated by Al-Albaani in Al-Irwa’ (2564) and graded Hasan]

Kaffarah (Expiation) of an Oath, its Conditions and Obligations

1-    Kaffarah (Expiation) of an Oath

Allaah has prescribed Kaffarah through which an oath will either be fulfilled, or the slave will be absolved of it. This is a Mercy of Allaah upon His slaves. Allaah (Ta’ala) says in Surat At-Tahreem (66:2):

قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ ۚ

“Allaah has already ordained for you believers, the way to absolve yourselves from your oaths.”

The Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “He who took an oath and (later on) found another thing better than that, he should do that which is better, and expiate for the vow (broken by him).”  [Agreed upon. Saheeh Al-Bukhaari no. 6722 and Saheeh Muslim no. 1650 and the wordings are of Muslim]

This Kaffarah is for the one who does not fulfill his oath and does not fulfill its obligations.

Kaffarah of an oath has choices that are in a sequence. Whosoever is liable for Kaffarah should choose between feeding ten Miskeen (poor), feeding each half a Sa’a of food (1.5 kg of wheat or rice or date, etc. or offering them a lunch or dinner); or clothe ten Miskeen, each clothed enough to suffice him for Salaat [to cover his Awrah in the Salaah such as Izaar and Ridaa (a sheet covering the upper and lower part of the body); or a shirt, etc.], or free a believing slave who is free of defects. Whosoever is unable to do any of these must fast three days. Allaah (Ta’ala) says in Surat Al-Ma’idah (5:89):

لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَٰكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الْأَيْمَانَ ۖ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ ۖ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ ۚ ذَٰلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ ۚ

“Allaah will not call you to account for your thoughtless oaths, but He will hold you accountable for deliberate oaths. The penalty for a broken oath is to feed ten poor people from what you normally feed your own family, or to clothe them, or to free a bondsperson. But if none of this is affordable, then you must fast three days. That is the atonement for breaking your oaths when you have sworn them.”

2-    Conditions that make Kaffarah (Atonement) of an Oath Obligatory

Kaffarah is not due if the one who swore the oath has broken it and he did not fulfill the obligation, except if the following three conditions are fulfilled:

First Condition: The oath must be intentional, i.e., the one who swore the oath intended to swear an oath for an issue of the future – as has been explained earlier. The oath is not valid unless Allaah is mentioned or one of His Names and Attributes is mentioned, because Allaah said: “Allaah will not call you to account for your unintentional oaths but He will hold you accountable for your deliberate oath.” [Surat Al-Ma’idah (5:89)] This proves that Kaffarah is not required except in cases of intentional oaths. As for someone who swears unintentionally, then his oath is not intentional, and there is no Kaffarah on him.

Second Condition: One swears the oath willingly because whosoever is forced to swear, there is no Kaffarah on him. The Messenger of Allaah (Salla-Allaahu ‘alayhi wa sallam) said: “Allaah has pardoned my Ummah (nation) their mistakes, their forgetfulness, and what they have been forced to do under compulsion.” [Saheeh Al-Jamie no. 1836 and Al-Albaani graded it Saheeh]

Third Condition: One is disloyal to his oath, i.e., he does that which he had sworn to abandon, or he abandons that which he had sworn to fulfill – while he is aware/ remembers his oath. If he is disloyal to his oath out of forgetfulness or he is forced, then there is no Kaffarah on him because of the Hadeeth mentioned earlier.

The Exception in the Oath: Whosoever swears an oath and mentions the phrase, ‘In Shaa’ Allaah’ (if it is the Will of Allaah), he has not broken his oath. And there is no Kaffarah if he does not fulfill it because of the saying of the Prophet (Salla-Allaahu ‘alayhi wa sallam): “Whosoever swears and says: ‘In Shaa’ Allaah’ – he has not broken it (his oath).” [Reported by At-Tirmidhi no. 1532, Ahmad no. 2/309. Authenticated by Al-Albaani in Saheeh At-Tirmidhi]

Breaking an Oath:

An oath must be fulfilled, but if one breaks an oath for the sake of a benefit or due to necessity, then Kaffarah is due – as explained earlier. Breaking an oath or being disloyal to one’s oath can be divided based on what was sworn upon:

a)     Breaking the Oath becomes Wajib (obligatory): This may occur when the sworn issue is an obligation in itself and one swore to abandon it, like if one swears not to maintain ties of kinship or he swore to do a Haraam (unlawful) act, i.e., if one swears to drink alcohol. In such cases, breaking the oath is an obligation, and Kaffarah is due upon him because he took an oath for sinning.

b)    Breaking the Oath is Haraam (forbidden). I.e., if one had sworn to do an obligatory act or to abandon a forbidden act – then he must fulfill his oath; it is Haraam to break the oath because he has sworn on something which was made obligatory by Allaah upon His slaves.

c)     Breaking the Oath is Mubaah (allowable). This is for cases when one had sworn on performing something Mubaah or abandoning it.

Examples of Permissible and Impermissible Oaths

Permissible oaths are those in which the Name of Allaah or His Attributes are mentioned, like one says: “By Allaah”, “By the Face of Allaah”, “By His Might and Greatness”, because of the Hadeeth of Ibn ‘Umar (Radia-Allaahu ‘anhuma) that the Prophet (Salla-Allaahu ‘alayhi wa sallam) found ‘Umar ibn al-Khattaab (Radia-Allaahu ‘anhu) amongst the riders, and he was taking an oath by his father. Allaah’s Messenger called them (saying): “Allaah has prohibited you from taking oaths by your fathers. He, who must take an oath, may do so by swearing in the Name of Allaah or he should remain silent” [Agreed upon. Reported by Al-Bukhaari (6108) and Muslim (1646)] and in the narration of Ibn ‘Umar (Radia-Allaahu ‘anhuma), who reported that the greatest oath the Prophet (Salla-Allaahu ‘alayhi wa sallam) used was: “No, by Him Who overturns the hearts.” [Reported by Al-Bukhaari no. 6628]

Similarly, if one says: ‘I swear by Allaah to do such-and-such’ then this is an oath if it was intentional, because Allaah says in Surat Al-An’aam (6:109):

وَأَقْسَمُوا بِاللَّهِ جَهْدَ أَيْمَانِهِمْ

“They swear by Allaah their most solemn oaths.”

Prohibited Oaths

1) Swearing by other than Allaah, i.e., saying: “By your life”, “By honesty” because of the Hadeeth of ‘Abdullaah ibn ‘Umar (Radia-Allaahu ‘anhuma) that the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “He, who must take an oath, may do so by swearing in the Name of Allaah or he should remain silent.” [Agreed upon]

2) Swearing that one is a Jew or a Christian or that he is free from Islam or from the Messenger of Allaah – if he does such and such, then he does as he says. This is because of the Hadeeth of Buraidah from his father (Radia-Allaahu ‘anhu) that the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “If anyone swears that in such and such case, he will be free from Islam and afterwards he turns out to be a liar, he will be as he has said; but if he is speaking the truth, he will not revert safely to Islam.” [Reported by Abu Dawood no. 3258 and An-Nasaa’i no. 3772. Authenticated by Al-Albaani (Saheeh Sunan An-Nasaa’i no. 3532)]

3) Taking an Oath by the fathers and idols because of the Hadeeth of ‘Abdur-Rahmaan ibn Samurah (Radia-Allaahu ‘anhu), who narrated that the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “Swear neither by the name of Taghut (i.e., false deities, false leaders, etc.) nor by your fathers.” [Reported by Muslim no. 1648]

Source:

Al-Fiqh Al-Muyassar fee Daw’ Al-Kitaab was-Sunnah, by a group of Ulamaa’