If you know that the one who swears by graves will swear by Allah falsely, but will not swear by so-and-so falsely, is it permissible for me to ask him to swear by so-and-so?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If the benefit depends on his swearing by graves, and you know that he will swear by Allah falsely, not directly, if the benefit depends on his swearing by graves, and you know that he will swear by Allah falsely, not caring, and you also know that he holds a certain person in high regard and will not swear by him falsely, is it permissible for me to ask him to swear by other than Allah?
Answer:
The issue of oaths in claims or oaths regarding wrongdoing is among the duties of the judges; they are the ones who look into it. Yes.
He says: Honorable Shaykh, may Allah grant you success. If the benefit depends on his swearing by graves, and you know that he will swear by Allah falsely, not directly, if the benefit depends on his swearing by graves, and you know that he will swear by Allah falsely, not caring, and you also know that he holds a certain person in high regard and will not swear by him falsely, is it permissible for me to ask him to swear by other than Allah?
Answer:
The issue of oaths in claims or oaths regarding wrongdoing is among the duties of the judges; they are the ones who look into it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [90 /1350] لو علمت أن القبوري سيحلف بالله كاذبا، ولكن لن يحلف بفلان كاذبا فهل لي أطلب أن يحلف بفلان؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.