Guidance for those who play with oaths and an explanation of the perjured oath
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Question:
I say here that some people play with oaths. What is your guidance for them, O Shaykh?
Answer:
Yes, this is as mentioned in the answer prior to this, that swearing frequently is one of the characteristics of the hypocrites. Allah, Glorified and Exalted is He, said:[Al-Qalam 68:10] He said, the Exalted, regarding the hypocrites: [Al-Mujadila 58:14] And he (peace and blessings be upon him) said: So the one who plays with oaths and is lax in them, this is proof that a trait of hypocrisy is in him.
So it is obligatory for the Muslim to revere the oath and to respect the oath. And among the forbidden oaths is perjury in litigation.
For example, if he swears in a lawsuit when the oath is directed to him by the judge, and he swears while lying. He (peace and blessings be upon him) said:Bulugh al-Maram 1423. So if the one who denies it, ah, if the one who denies it intentionally lies in order to take his brother’s wealth and swears to that before the judge, then this is the perjured oath about which the Prophet (peace and blessings be upon him) said: Yes.
I say here that some people play with oaths. What is your guidance for them, O Shaykh?
Answer:
Yes, this is as mentioned in the answer prior to this, that swearing frequently is one of the characteristics of the hypocrites. Allah, Glorified and Exalted is He, said:
And do not obey every worthless habitual swearer
وَلَا تُطِعْ كُلَّ حَلَّافٍ مَّهِينٍand they swear to untruth while they know [they are lying].
وَيَحْلِفُونَ عَلَى الْكَذِبِ وَهُمْ يَعْلَمُونَThe hypocrite is the one who lies when he speaks, breaks his promise when he promises, betrays when he is trusted, and commits perjury when he disputes, and betrays his covenant when he makes one.
اا في ايه المنافق اذا حدث كذب واذا وعد اخلف واذا اؤتمن خان واذا خاصم فجر واذا عاهد غدرSo it is obligatory for the Muslim to revere the oath and to respect the oath. And among the forbidden oaths is perjury in litigation.
For example, if he swears in a lawsuit when the oath is directed to him by the judge, and he swears while lying. He (peace and blessings be upon him) said:
But the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claim.
البينة على المدعي واليمين على من أنكر.(peace and blessings be upon him) said: “Whoever swears a false oath to seize the wealth of a Muslim man will meet Allah while He is angry with him.” They said: “O Messenger of Allah, even if it is a small thing?” He said: “Even if it is a stick.”
صلى الله عليه وسلم من حلف على يمين ليقتطع بها مال امرئ مسلم هو فيها كاذب لقي الله وهو عليه غضبان قالوا يا رسول الله وإن كان شيئا يسيرا؟ قال وإن كان قضيباWho showed you this?
من أراك.
Source
قناة «العلامة الدكتور صالح الفوزان»، 26 من 27|وقفات مع آيات الصيام|فمن لم يجد فصيام ثلاثة أيام|صالح الفوزان|فقه|كبار العلماء — youtube.com (12:20)
The Arabic text is a machine transcription of the audio recording.