Oaths by Persons and Meanings
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Q3: Is it valid to argue against one who distinguishes between oaths by persons and oaths by meanings by citing his saying (peace and blessings be upon him): Sunan Abi Dawud 3253Sahih (Al-Albani)? What is the grade of the hadith? What is the ruling on the holder of this view? What is the ruling on the one who calls to it? Can the fact that a man swears by Allah while lying, and by other than Him (Glorified and Exalted is He) while telling the truth, be considered a criterion for judging whether he swore by other than Allah in a manner of exalting it?
A3 : Swearing by persons is like saying, "By the Prophet" or "By so-and-so." Swearing by meanings is like saying, "By my trustworthiness" or "By my honor." There is no difference between them; all of this falls under the general prohibition of swearing by other than Allah. The hadith mentioned in the questionSunan Abi Dawud 3253Sahih (Al-Albani) explicitly states the prohibition of swearing by meanings, such as trustworthiness and the like, and the prohibition of swearing by persons is understood from it, because it is swearing by other than Allah. What indicates the prohibition of swearing by persons is what was reported from the Messenger of Allah (peace and blessings be upon him) that he said: agreed upon by al-Bukhari and Muslim. And the hadith: Riyad as-Salihin 1711 was narrated by Abu Dawud and al-Tirmidhi with a sound chain. And his saying (peace and blessings be upon him): Musnad Ahmad 329Sahih (Darussalam) was narrated by Imam Ahmad with a sound chain from the hadith of 'Umar (may Allah be pleased with him).
The one who calls for distinguishing between swearing by trustworthiness and swearing by persons, regarding the permissibility of swearing by persons, has an incorrect understanding, and his view is wrong and unacceptable. The hadiths reported from the Messenger of Allah (peace and blessings be upon him) regarding the prohibition of swearing by fathers and the like, and the prohibition of swearing by other than Allah absolutely, refute him. As for the one who swears by Allah while lying, his error lies in his lying in his oath, since he exalted Allah contrary to the truth, and lying is among the major sins. As for the one who swears by other than Allah, even if he is truthful, it is minor shirk (associating partners with Allah), and the category of shirk is greater than the major sins, and because his swearing by other than Allah may lead to major shirk if he believes in exalting the thing he swore by as he exalts Allah. Therefore, Ibn Mas'ud (may Allah be pleased with him) said: "It is more beloved to me to swear by Allah while lying than to swear by other than Him while telling the truth." And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
He who swears by Amanah (faithfulness) is not one of us.
من حلف بالأمانة فليس مناA3 : Swearing by persons is like saying, "By the Prophet" or "By so-and-so." Swearing by meanings is like saying, "By my trustworthiness" or "By my honor." There is no difference between them; all of this falls under the general prohibition of swearing by other than Allah. The hadith mentioned in the question
He who swears by Amanah (faithfulness) is not one of us.
من حلف بالأمانة فليس مناDo not swear by your fathers
لا تحلفوا بآبائكمHe who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركwhoever swears by anything other than Allah has committed an act of shirk.
من حلف بشيء دون الله فقد أشركThe one who calls for distinguishing between swearing by trustworthiness and swearing by persons, regarding the permissibility of swearing by persons, has an incorrect understanding, and his view is wrong and unacceptable. The hadiths reported from the Messenger of Allah (peace and blessings be upon him) regarding the prohibition of swearing by fathers and the like, and the prohibition of swearing by other than Allah absolutely, refute him. As for the one who swears by Allah while lying, his error lies in his lying in his oath, since he exalted Allah contrary to the truth, and lying is among the major sins. As for the one who swears by other than Allah, even if he is truthful, it is minor shirk (associating partners with Allah), and the category of shirk is greater than the major sins, and because his swearing by other than Allah may lead to major shirk if he believes in exalting the thing he swore by as he exalts Allah. Therefore, Ibn Mas'ud (may Allah be pleased with him) said: "It is more beloved to me to swear by Allah while lying than to swear by other than Him while telling the truth." And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.