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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is swearing by other than Allah major shirk (associating partners with Allah) or minor shirk?

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Question:
Is swearing by other than Allah major shirk or minor shirk?

Answer:
Swearing by other than Allah is not permissible, based on the saying of the Messenger (peace and blessings be upon him)
Whoever has to take an oath should swear by Allah orمن كان حالفا فليحلف بالله أو
Sahih al-Bukhari 2679
be patient. He (peace and blessings be upon him) said
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufrمن حلف بغير الله فقد كفر أو
Riyad as-Salihin 1711
he has transgressed. So, swearing by other than Allah is shirk. Then, if he reveres the one by whom he swears as he reveres Allah, this is major shirk, like the state of those who worship graves, who revere the people of the graves from those who claim they are awliya (close friends of Allah), revering them more than they revere Allah (Glorified and Exalted is He). Therefore, if one of them is asked to swear by Allah while lying, he is lenient about it and swears by Allah while lying. But if he is asked to swear by his revered one, he trembles. His trembling is a branch of his shirk, and he does not dare to swear by the wali (close friend of Allah) while lying. This indicates that they revere the dead more than they revere Allah. We ask Allah for safety.
Because they fear them, fearing that they will afflict them with diseases or calamities, and they do not fear Allah (Glorified and Exalted is He). So this oath is the worst shirk. But if he does not revere the one he swears by as he reveres Allah, this is minor shirk, which is prohibited, and it is a means to major shirk. Yes. May Allah reward you with good, and may He do you good.
Source قناة «العلامة الدكتور صالح الفوزان»، هل الحلف بغير الله شرك أكبر أم شرك أصغر؟ الشيخ صالح بن فوزان الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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