The claim that swearing by other than Allah, without intending to exalt the thing sworn by, is not a sin
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The fifth question of Fatwa No. ( 17882 )
Q5: The professor said: If a person swears by other than Allah and does not intend to exalt it , it is permissible for him to do so; citing as evidence that Allah swears by His creations, such as the sun, the moon, the morning, and the night... etc.
A5 : Allah, Glorious is His Majesty, has the right to swear by whatever He wills of His creations, but
the servants are not permitted to swear except by Allah, Mighty and Majestic, or by one of His attributes; for it is established in (the two Sahihs) from the Prophet (peace and blessings be upon him) (that he said:Sahih al-Bukhari 2679 , and in (the Musnad of Imam Ahmad ) with a sound chain from 'Umar ibn al-Khattab (may Allah be pleased with him), from the Prophet (peace and blessings be upon him) that he said: Musnad Ahmad 329Sahih (Darussalam) , and in (the Sunan of Abu Dawud and al-Tirmidhi ) with a sound chain from 'Abdullah ibn 'Umar ibn al-Khattab (may Allah be pleased with them both), from the Prophet (peace and blessings be upon him) that he said: Riyad as-Salihin 1711 . The phrase in the hadith: (disbelief or shirk) is a doubt from the narrator, whether the Prophet (peace and blessings be upon him) said: (disbelief), or said: (shirk). The meaning is clear, but this indicates the great care of the narrators in conveying the words of the hadith as they heard them, may Allah be pleased with them. The shirk intended here is: minor shirk. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q5: The professor said: If a person swears by other than Allah and does not intend to exalt it , it is permissible for him to do so; citing as evidence that Allah swears by His creations, such as the sun, the moon, the morning, and the night... etc.
A5 : Allah, Glorious is His Majesty, has the right to swear by whatever He wills of His creations, but
the servants are not permitted to swear except by Allah, Mighty and Majestic, or by one of His attributes; for it is established in (the two Sahihs) from the Prophet (peace and blessings be upon him) (that he said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفا فليحلف بالله أو ليصمتwhoever swears by anything other than Allah has committed an act of shirk.
من حلف بشيء دون الله فقد أشركHe 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 أشرك
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.