Swearing by a Shaykh from among the righteous
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The fourth and fifth questions of Fatwa No. ( 6261 ):
Q4 and 5: When there is a dispute between two people, elderly men step in to reconcile them. Then, if one of them denies it, he swears by a Shaykh from among the righteous . They take a Mushaf with them and go to the grave, where some of the man’s relatives stand with him to vouch for his statement. They believe that if this man lies, his fate will be destruction. Please give the Islamic ruling on this. They also have another custom: when people from a tribe quarrel, a man mediates, and then he imposes a sacrificial animal and ten pounds on one of them so that the other will be satisfied, and the reconciliation is then finalized.
Vol. 4, p. 5: It is not permissible to swear by other than Allah, due to the generality of the authentic evidence indicating this. Swearing by a righteous shaykh is swearing by other than Allah. One should advise the person who does this and clarify that it is forbidden, and it may be shirk (associating partners with Allah).
It becomes major shirk if one swears by this righteous person to exalt him, as is due to Allah (Exalted and Majestic is He). Going to any grave to swear at it is a religious innovation and an abomination that is not permissible, and it is one of the means to shirk. As for what a man offers in the form of a sacrificial animal and pounds in exchange for reconciliation, we do not know of any harm in it if both parties agree to it. And success is from Allah. May Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q4 and 5: When there is a dispute between two people, elderly men step in to reconcile them. Then, if one of them denies it, he swears by a Shaykh from among the righteous . They take a Mushaf with them and go to the grave, where some of the man’s relatives stand with him to vouch for his statement. They believe that if this man lies, his fate will be destruction. Please give the Islamic ruling on this. They also have another custom: when people from a tribe quarrel, a man mediates, and then he imposes a sacrificial animal and ten pounds on one of them so that the other will be satisfied, and the reconciliation is then finalized.
Vol. 4, p. 5: It is not permissible to swear by other than Allah, due to the generality of the authentic evidence indicating this. Swearing by a righteous shaykh is swearing by other than Allah. One should advise the person who does this and clarify that it is forbidden, and it may be shirk (associating partners with Allah).
It becomes major shirk if one swears by this righteous person to exalt him, as is due to Allah (Exalted and Majestic is He). Going to any grave to swear at it is a religious innovation and an abomination that is not permissible, and it is one of the means to shirk. As for what a man offers in the form of a sacrificial animal and pounds in exchange for reconciliation, we do not know of any harm in it if both parties agree to it. And success is from Allah. May Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.