The ruling on a person saying "by the forbidden" when taking an oath
Machine translationRead the Arabic original
Question:
Another questioner says: What is the ruling on a person saying, if he wants to swear, "I swear by the haram"? Is it considered an oath, or what is required of him?
Answer:
This phrase is not permissible, because forbidding what is lawful is not permissible. Allah the Exalted said:[Al-Ma'idah 5:87] He the Exalted said: [At-Tahrim 66:1] Allah, Mighty and Majestic, has forbidden forbidding what is lawful. Whoever wants to take an oath should take it truthfully and should take it by Allah. The Messenger (peace and blessings be upon him) said: Sahih al-Bukhari 2679. Yes.
Another questioner says: What is the ruling on a person saying, if he wants to swear, "I swear by the haram"? Is it considered an oath, or what is required of him?
Answer:
This phrase is not permissible, because forbidding what is lawful is not permissible. Allah the Exalted said:
O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors.
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلَا تَعْتَدُوا إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَO Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful.
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَّحِيمٌWhoever has to take an oath should swear by Allah or remain silent.
من كان حالفا فليحلف بالله أو ليصمت
Source
75-لقاءات مع الشيخ صالح الفوزان - 11- — archive.org (1:04:01)
The Arabic text is a machine transcription of the audio recording.