When is an oath intensified?
Machine translationRead the Arabic original
The questioner : Yes. He is asked for the green hands. Does he respond to it? Yes.
The Shaykh : There is scholarly disagreement on this. Whether to intensify the oath or the ruling on its intensification is up to the judge, not the plaintiff. The second issue is whether it is intensified in every case, even in trivial matters like a dirham or the like, or whether it is not intensified except in major, significant matters? The correct view is that it is up to the judge and that it is not intensified except in major, significant matters, because the generality of the saying of the Messenger (peace and blessings be upon him), "The oath is upon the one who denies," implies that it is not intensified.
The Shaykh : There is scholarly disagreement on this. Whether to intensify the oath or the ruling on its intensification is up to the judge, not the plaintiff. The second issue is whether it is intensified in every case, even in trivial matters like a dirham or the like, or whether it is not intensified except in major, significant matters? The correct view is that it is up to the judge and that it is not intensified except in major, significant matters, because the generality of the saying of the Messenger (peace and blessings be upon him), "The oath is upon the one who denies," implies that it is not intensified.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 184 - 210 متى تغلظ اليمن؟ منظومة أصول الفقه وقواعده - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
