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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Oath by the phrase "by your head"

Machine translationRead the Arabic original
The questioner:
And from this matter, I say that the common usage of "by your head," I say, is that it is not an oath. I say that the common usage of "by your head," I say, is that it is not an oath. I say that the common usage of "by your head," I say, is that it is not an oath. I say that the common usage of "by your head," I say, is that it is not an oath. I say that the common usage of "by your head,"

The Shaykh:
Does it differ depending on the context? If the context is that of an oath, then it is an oath by other than Allah if he says, "By your head, you will give me such and such," or "By your head, I did not do this thing," or "By your head, I will not do it." The context of the speech indicates that it is an oath. But if he says, "This matter is by your head," or "This opinion is by your head," or "This reminder is by your head," this is not an oath. Here, "by" means "in," meaning this thought is settled in your head, or this opinion is in your head. Yes.
The context of the speech is what determines whether "by your head" is an oath or not an oath. Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب الغسل وحكم الجنب — islamhouse.com (32:12)

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

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