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OATHS
(According to the Qur'an and Sunnah,
as extracted and inferred by scholars of the Hanafi school.)
Abridged from "Mukhtasar al-Quduri", a matn of Hanafi fiqh
Types of Oath
Enactment of an Oath
Expiation for a Broken Oath
Vows
1.0 TYPES OF OATH
Oaths are of three varieties:
1. An engulfing oath (ghamus).
2. An enacted oath.
3. A mistaken oath.
1.1 The Engulfing Oath is : swearing to something past, deliberately lying about it. The undertaker of this oath is sinful, but there is no expiation for it other than seeking forgiveness [from Allah].
1.2 The Enacted Oath is : swearing to something future, that one will perform it - or not perform it. Then, if he breaks his oath, expiation is binding upon him.
1.3 The Mistaken Oath is : that one swear to something past, thinking that it is as he is has said, whereas the [reality of the] matter is contrary to it. This [type of oath], we hope that Allah will not take its undertaker to task.
2.0 ENACTMENT OF THE OATH
The deliberate and the coerced are equal in [the enactment of] an oath.
Oaths are [sworn]
by Allah, the Exalted, or
by one of His names, such as Ar-Rahman or Ar-Rahim. or
by one of His attributes, such as the Might of Allah, His Majesty or His Grandeur [and the like], except for one’s saying, "By Allah’s Knowledge!" for that is not an oath. If one swore by one of the Attributes of Action, such as the Wrath and Displeasure of Allah, he is not [considered to have] sworn.
Whoever swears by other than Allah is not [considered to have] sworn, such as [if he swore by] the Prophet, the Qur’an, or the Ka`bah.
3. Swearing is [effected] by [use of] the swearing letters. The swearing letters are :
The waw, such as one’s saying, "Wallahi"
The ba, such as one’s saying, "Billahi"
The ta, such as one’s saying, "Tallahi"
The letters may be concealed, in which case one is [still considered to] have sworn.
4. If one says :
"Uqsimu" (I take an oath) ,or "Uqsimu Billahi" (I takes an oath by Allah), or
"Ahlifu" (I swear), or "Ahlifu Billahi" (I swear by Allah),
then he is [considered to have] sworn. And, similarly [by] his saying,
"Wa `Ahdillahi wa-Mithaqih" (by the Covanant of Allah and His Pact!), or
"`Ala Nadhr" (Upon oath!), or "Nadhrun Lillahi" (An oath to Allah!), or
"If I do such a thing then I am a Jew, or a Christian, or an unbeliever,"
then it is [considered] an oath.
5. If one says, "[If I do such-and-such then] upon me be the Wrath of Allah!" or "I am an adulterer," or "A drinker of wine," or "A consumer of interest," then he has not [considered to have] sworn.
6. If one swore an oath but said, "If Allah wills," joined to his oath, then no [penalty for] breaking it is [due] upon him.
7. If one swore that he will not do such-and-such, then he must refrain from it forever. But, if one swore that he will surely do such-and-such, and then does it once, he is freed from his oath.
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