Oaths by what is forbidden
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Fatwa number ( 9265 )
Q: I recently heard that injustices must be returned to their owners, and that the injustice must be made known. Based on this, I have an injustice against one person, and I made the injustice known to him. I gave him a sum of money in exchange for that injustice and said to him: “Take this amount, and by my mother’s honor, this amount is yours.” He refused and forgave me regarding that injustice, and I resorted to taking this money when he refused. The question is: What is upon me regarding my saying “by my mother’s honor,” and this person did not carry out my statement? Is it better to make the injustice known or to keep it hidden, and to reward him secretly?
A: If the reality is as you described, then you must repent to Allah for that; because it is not permissible for a Muslim to swear by what is forbidden, and the oath is to be made by Allah alone or by one of His attributes (Glorified and Exalted is He). You must pay the expiation for an oath, which is: feeding ten poor people, or clothing them, or freeing a believing slave. If you cannot do so, then you must fast for three days. You did well in informing him of the injustice and seeking his forgiveness, as he did well in forgiving you. It is authentic from the Prophet (peace and blessings be upon him) that he said: .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I recently heard that injustices must be returned to their owners, and that the injustice must be made known. Based on this, I have an injustice against one person, and I made the injustice known to him. I gave him a sum of money in exchange for that injustice and said to him: “Take this amount, and by my mother’s honor, this amount is yours.” He refused and forgave me regarding that injustice, and I resorted to taking this money when he refused. The question is: What is upon me regarding my saying “by my mother’s honor,” and this person did not carry out my statement? Is it better to make the injustice known or to keep it hidden, and to reward him secretly?
A: If the reality is as you described, then you must repent to Allah for that; because it is not permissible for a Muslim to swear by what is forbidden, and the oath is to be made by Allah alone or by one of His attributes (Glorified and Exalted is He). You must pay the expiation for an oath, which is: feeding ten poor people, or clothing them, or freeing a believing slave. If you cannot do so, then you must fast for three days. You did well in informing him of the injustice and seeking his forgiveness, as he did well in forgiving you. It is authentic from the Prophet (peace and blessings be upon him) that he said:
Whoever has an injustice against his brother, let him seek his forgiveness today before there is no dinar or dirham. If he has good deeds, they will be taken from him according to the amount of his injustice. If he has no good deeds, the sins of his brother will be taken and placed upon him.
من كان عنده لأخيه مظلمة فليتحلله اليوم قبل ألا يكون دينار ولا درهم، إن كان له عمل صالح أخذ منه بقدر مظلمته، وإن لم يكن له حسنات أخذ من سيئات صاحبه وحمل عليهAnd 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.