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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 should one who doubts the validity of his ablution and performs it frequently do?

Whoever doubts the validity of his ablution after finishing it, his ablution is valid. This is because the default is the validity of the ablution, and because doubt after finishing an act of worship doesn`t affect its validity. And Allah the Almighty knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "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]." And Allah, the Exalted, knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

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