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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

Is it permissible to give Zakah (obligatory charity) to one`s poor sister, or brother?

It is permissible for one to give the Zakah to his poor sister, or brother if providing for them isn`t due on him, and the sister doesn`t receive sufficient provision from whomever that is due on. And Allah Knows Best.

Does the deceased hear the supplications or recitations of those visiting his/her grave? And does making constant supplications for the deceased who didn`t adhere to performing the prescribed prayers ameliorate his/her affliction?

Praise be to Allah the Lord of the Worlds.

In principle, the dead hear the living since it has been rigorously authenticated that the Prophet (PBUH) ordered the bodies of the idolaters slain in the Battle of Badr to be buried. He then approached them and called them one by one and said: "Have you found what your Lord promised to be true for we have found what our Lord promised us to be true." Umar asked him: "O messenger of God! Why do you speak to lifeless bodies?" The Prophet (PBUH) replied: "By the One Who has sent me with the truth! You do not hear my words better than they do except that they cannot respond." [Agreed upon].

However, not all the deceased are in the same situation because Allah The Almighty Knows: "Before them is a Partition till the Day they are raised up." [Al-Mu`minun/100]. Moreover, supplication reaches the deceased. And Allah Knows Best..

 

I work at a company that provides cash advances of 800 dinars, 1000 dinars, or 1200 dinars, depending on the employee’s years of service. An administrative fee of 40 dinars is deducted from the amount in the first month, and the remaining amount is repaid in installments. What is the ruling on this, knowing that the deducted amount (40 dinars) is fixed?

We fear that the deducted amount may be a means of circumventing interest (Riba). If the deducted amount is equal to or less than the actual administrative expenses, then there is no issue, as some scholars permit the borrower to bear the costs of documenting and managing the loan. However, piety suggests refraining from taking this loan under these conditions, as dealing with private individuals and companies is not the same as dealing with the state, which spends from the public treasury. And Allah Knows Best.

I have mixed (halal and haram) money, and I want to purify it. My father is poor, and I want him, my mother, and my mother-in-law to perform Hajj, along with myself and my wife, as they need care due to their old age. Is it permissible to use this money for Hajj, or what should I do with it? Please advise.
 
 
 
 
 

If you knew the exact amount of unlawful money, then you should give as a charity, and if didn't then try to figure out the closest amount in order to give it as a charity. 
As for performing Hajj, perform it by using your lawful money. May Allah Bless you for being dutiful to your parents and your mother in law and for your attempt to serve them, And Allah Knows Best.

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