The Ruling on Accepting the Oath of a Disbeliever
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Question:
Peace be upon you, and Allah’s mercy and blessings. It is easy. The questioner asks: Is the oath of a disbeliever accepted absolutely, or is it restricted to cases of criminal liability, as indicated by the hadith of Sahl? I ask for clarification of the issue. May Allah reward you.
Answer:
It is accepted from a disbeliever. If a claim is made against him, let him go and swear. It is accepted from a disbeliever; he swears by what he holds in high esteem, because a disbeliever fears the oath if it is a major one. Allah, Glorified and Exalted is He, says:[Al-Ma'idah 5:106]. Witnesses. [Al-Ma'idah 5:106] meaning from among the disbelievers. But the oath is made severe for the disbeliever: “You shall detain them after the prayer.” This means making it severe regarding the 'Asr prayer, because they hold it in high esteem. The description [Al-Ma'idah 5:106] indicates the acceptance of the oath of a disbeliever and the testimony of a disbeliever when there is a need for it, otherwise rights would be lost. Yes.
Peace be upon you, and Allah’s mercy and blessings. It is easy. The questioner asks: Is the oath of a disbeliever accepted absolutely, or is it restricted to cases of criminal liability, as indicated by the hadith of Sahl? I ask for clarification of the issue. May Allah reward you.
Answer:
It is accepted from a disbeliever. If a claim is made against him, let him go and swear. It is accepted from a disbeliever; he swears by what he holds in high esteem, because a disbeliever fears the oath if it is a major one. Allah, Glorified and Exalted is He, says:
O you who have believed, testimony [should be taken] among you when death approaches one of you at the time of bequest - [that of] two
يَا أَيُّهَا الَّذِينَ آمَنُوا شَهَادَةُ بَيْنِكُمْ إِذَا حَضَرَ أَحَدَكُمُ الْمَوْتُ حِينَ الْوَصِيَّةِ اثْنَانِtwo just men from among you or two others from outside
ذَوَا عَدْلٍ مِّنكُمْ أَوْ آخَرَانِ مِنْ غَيْرِكُمْDetain them after the prayer and let them both swear by Allah
تَحْبِسُونَهُمَا مِن بَعْدِ الصَّلَاةِ فَيُقْسِمَانِ بِاللَّهِ
Source
قبول الحلف من الكافر — alfawzan.live
The Arabic text is a machine transcription of the audio recording.