Oaths by what is forbidden and by divorce
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is saying “I swear by what is forbidden” or “I swear by divorce” considered an oath by other than Allah? It is known that if one is told to do something or leave it off using such an oath, he complies, but if he swears by Allah, he may not care about it?
Answer:
This is called an oath by divorce. It is not like an oath by Allah in that it is shirk (associating partners with Allah), but it is called an oath because it functions like an oath by Allah in terms of making things lawful or forbidden, prohibiting or permitting, and so on. It entails an expiation (kaffarah), so it resembles an oath by Allah in that the ruling regarding the expiation applies. However, it does not resemble an oath by Allah in that it is shirk; it is not shirk. Yes.
He says: Honorable Shaykh, may Allah grant you success, is saying “I swear by what is forbidden” or “I swear by divorce” considered an oath by other than Allah? It is known that if one is told to do something or leave it off using such an oath, he complies, but if he swears by Allah, he may not care about it?
Answer:
This is called an oath by divorce. It is not like an oath by Allah in that it is shirk (associating partners with Allah), but it is called an oath because it functions like an oath by Allah in terms of making things lawful or forbidden, prohibiting or permitting, and so on. It entails an expiation (kaffarah), so it resembles an oath by Allah in that the ruling regarding the expiation applies. However, it does not resemble an oath by Allah in that it is shirk; it is not shirk. Yes.
Source
شرح قرة عيون الموحدين في تحقيق دعوة الأنبياء والمرسلين، باب قول الله - تعالى - : { فَلا تَجْعَلُوا لِلَّهِ أَنْدَاداً وَأَنْتُمْ تَعْلَمُونَ } — islamhouse.com (1:01:35)
The Arabic text is a machine transcription of the audio recording.