Is the criterion in an oath the intention of the one swearing or the one being sworn?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is the meaning of this rule: "The intention in an oath specifies the general and does not generalize the specific, except in the oath before the judge"?
Answer:
By Allah, this is something I do not know; this is not my statement. But the jurists say in the chapter of oaths, which they call the comprehensive chapter of oaths, that in an oath one returns to the intention of the one swearing. This is the first thing. If he has no intention, one returns to the cause of the oath, that is, what prompted it and its cause. If there is no cause, one returns to custom, the customary name. If there is none, one returns to what the name applies to, because the realities are customary, linguistic, and legal with them. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the meaning of this rule: "The intention in an oath specifies the general and does not generalize the specific, except in the oath before the judge"?
Answer:
By Allah, this is something I do not know; this is not my statement. But the jurists say in the chapter of oaths, which they call the comprehensive chapter of oaths, that in an oath one returns to the intention of the one swearing. This is the first thing. If he has no intention, one returns to the cause of the oath, that is, what prompted it and its cause. If there is no cause, one returns to custom, the customary name. If there is none, one returns to what the name applies to, because the realities are customary, linguistic, and legal with them. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2745 -2802] هل العبرة في اليمين بنية الحالف أم المستحلف؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.