Accepting the Oath of the Swearer or Rejecting It
Machine translationRead the Arabic original
Fatwa No. ( 19066 )
Q: I was living in our house with my family in a small village in Abha, and one night a friend of mine told me that all the people of the village had taken residential plots in an area adjacent to the village, and that only we were left. Immediately, we went and designated a plot for us next to one of the villagers named (Sa'd). That was on the night of Friday. In the morning of Friday, (Sa'd) brought a shovel and started working on his land, which we had left a defined street between it and my land. When I arrived at the land at 9:30 in the morning, I found that this man had taken the entire land and fenced it in with the shovel together—meaning: my land and his land. I confronted him, asking why he had taken my land? He said that there were no stakes or markers defining my land, and that the land was his and I had no share in it. I asked him to swear to me and I said to him: "Swear that there were no stakes and that this entire land is yours, and I am satisfied and waiving my right to it." He agreed and stood up and swore by Allah that there were no stakes, and that I had no share in it, but unfortunately,
I was not convinced, and the discussion between us continued until one of the villagers came and reconciled us by dividing the land. (Sa'd) agreed, even though he had already sworn to me by Allah that I had no share in it beforehand. I am now asking about the ruling on the fact that I asked him to swear to me and then did not accept his oath. Please inform us, may Allah reward you with good.
A: If the situation is as described, and the reconciliation took place between you by mutual consent, then there is no blame on you in that; due to the saying of the Prophet (peace and blessings be upon him):Sunan al-Bayhaqi 6:54 And the sin of the oath he swore upon him if he was lying. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I was living in our house with my family in a small village in Abha, and one night a friend of mine told me that all the people of the village had taken residential plots in an area adjacent to the village, and that only we were left. Immediately, we went and designated a plot for us next to one of the villagers named (Sa'd). That was on the night of Friday. In the morning of Friday, (Sa'd) brought a shovel and started working on his land, which we had left a defined street between it and my land. When I arrived at the land at 9:30 in the morning, I found that this man had taken the entire land and fenced it in with the shovel together—meaning: my land and his land. I confronted him, asking why he had taken my land? He said that there were no stakes or markers defining my land, and that the land was his and I had no share in it. I asked him to swear to me and I said to him: "Swear that there were no stakes and that this entire land is yours, and I am satisfied and waiving my right to it." He agreed and stood up and swore by Allah that there were no stakes, and that I had no share in it, but unfortunately,
I was not convinced, and the discussion between us continued until one of the villagers came and reconciled us by dividing the land. (Sa'd) agreed, even though he had already sworn to me by Allah that I had no share in it beforehand. I am now asking about the ruling on the fact that I asked him to swear to me and then did not accept his oath. Please inform us, may Allah reward you with good.
A: If the situation is as described, and the reconciliation took place between you by mutual consent, then there is no blame on you in that; due to the saying of the Prophet (peace and blessings be upon him):
Reconciliation is permissible among Muslims, except for a reconciliation that makes the forbidden lawful or the lawful forbidden.
الصلح جائز بين المسلمين إلا صلحًا أحل حرامًا أو حرم حلالاً
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.