Oath by Trust
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Fatwa No. ( 508 ):
Q: A man wanted to buy a commodity from a merchant, so he gave him three types of it. The man said to him: "Tell me which of these commodities is the best." The merchant said: "By the trust, this is the best." Neither of the two men intended an oath; rather, their intention was to trust one another in reporting the truth. He asks whether this is considered disbelief and atheism?
A: If neither of them intended by saying "by the trust" to swear by other than Allah, but rather intended to trust his brother in telling him the truth, then there is absolutely nothing wrong with that. However, he should not use this phrase, the apparent meaning of which is swearing
by the trust. As for if the intention behind it is to swear by the trust, then it is swearing by other than Allah, and swearing by other than Allah is minor shirk (associating partners with Allah) and one of the greatest of major sins; for it was narrated by 'Umar ibn al-Khattab (may Allah be pleased with him) that he said: The Messenger of Allah (peace and blessings be upon him) said:Riyad as-Salihin 1711 , and he (peace and blessings be upon him) said: Sunan Abi Dawud 3253Sahih (Al-Albani) , and Ibn Mas'ud (may Allah be pleased with him) said: "I would rather swear by Allah falsely than swear by other than Him truthfully." And success is from Allah. And may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man wanted to buy a commodity from a merchant, so he gave him three types of it. The man said to him: "Tell me which of these commodities is the best." The merchant said: "By the trust, this is the best." Neither of the two men intended an oath; rather, their intention was to trust one another in reporting the truth. He asks whether this is considered disbelief and atheism?
A: If neither of them intended by saying "by the trust" to swear by other than Allah, but rather intended to trust his brother in telling him the truth, then there is absolutely nothing wrong with that. However, he should not use this phrase, the apparent meaning of which is swearing
by the trust. As for if the intention behind it is to swear by the trust, then it is swearing by other than Allah, and swearing by other than Allah is minor shirk (associating partners with Allah) and one of the greatest of major sins; for it was narrated by 'Umar ibn al-Khattab (may Allah be pleased with him) that he said: The Messenger of Allah (peace and blessings be upon him) said:
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركHe who swears by Amanah (faithfulness) is not one of us.
من حلف بالأمانة فليس منَّا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.