The Intended Meaning of Indirectness in an Oath
Machine translationRead the Arabic original
The questioner:
Also, this one asks, and Abdullah Muhammad says: What is the intended meaning of indirectness in an oath?
The Shaykh:
Yes.
The questioner:
What is the intended meaning of indirectness in an oath of swearing?
The Shaykh:
Yes, it is when the one taking the oath intends something that the one to whom the oath is made does not know. This is not permissible except to escape from injustice. It is permissible to interpret the oath indirectly and not take it at its apparent meaning in order to escape from injustice. However, if the intention is not to escape from injustice, then it is lying, and it is not permissible to swear in a lie. This is the characteristic of the hypocrites: they swear by Allah while they are liars, in order to deceive those who listen to them. A Muslim does not swear by Allah except when he is truthful and in the right. Yes.
The questioner:
May Allah bless you. And does this include the saying of the Messenger (peace and blessings be upon him)Sahih Muslim 1653b and the hadith Sunan Ibn Majah 2121Sahih (Darussalam)?
The Shaykh:
Yes, that is it:Jami` at-Tirmidhi 1354Sahih (Darussalam). If it is not in accordance with its apparent meaning, then this is deception and lying. The oath must be truthful in both appearance and reality. This is a way of honoring Allah and honoring the One by whom the oath is taken. Yes.
The presenter:
May Allah reward you,
Also, this one asks, and Abdullah Muhammad says: What is the intended meaning of indirectness in an oath?
The Shaykh:
Yes.
The questioner:
What is the intended meaning of indirectness in an oath of swearing?
The Shaykh:
Yes, it is when the one taking the oath intends something that the one to whom the oath is made does not know. This is not permissible except to escape from injustice. It is permissible to interpret the oath indirectly and not take it at its apparent meaning in order to escape from injustice. However, if the intention is not to escape from injustice, then it is lying, and it is not permissible to swear in a lie. This is the characteristic of the hypocrites: they swear by Allah while they are liars, in order to deceive those who listen to them. A Muslim does not swear by Allah except when he is truthful and in the right. Yes.
The questioner:
May Allah bless you. And does this include the saying of the Messenger (peace and blessings be upon him)
An oath is to be interpreted according to the intention of the one who takes it
اليمين على نية المستحلفYour oath is as your companion understands it to be.
يمينك على ما يصدقك به صاحبكThe Shaykh:
Yes, that is it:
The oath is based upon what will make your companion believe you.
اليمين على ما يصدقك صاحبكThe presenter:
May Allah reward you,
Source
قناة «العلامة الدكتور صالح الفوزان»، برنامج (فتاوى) (167) لمعالي الشيخ صالح الفوزان بتاريخ [1439-08-02] - كبار العلماء — youtube.com (23:00)
The Arabic text is a machine transcription of the audio recording.