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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Swearing by other than Allah

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Questions three, four, and six of Fatwa No. ( 9047 ):
Q3: What is your opinion regarding the statement of the Imam Ibn Taymiyyah (the Shaykh al-Islam) in the book [Iqtida' al-Sirat al-Mustaqim]: "The scholars have not disagreed except on swearing by the Prophet (peace and blessings be upon him) specifically, for there are two opinions in the madhhab of Ahmad .. And it has been transmitted from Ahmad in [Mansak al-Muradi] regarding tawassul (seeking nearness to Allah through a means) by the Prophet (peace and blessings be upon him) what is consistent with his statement that an oath is established by it, but the correct view is: that an oath is not established by it, and so it is with this. And his statement also in [Majmu' al-Fatawa]: "As for when we do not seek nearness to Him (Glorified and Exalted is He) through their supplication or through our deeds.. but we seek nearness by their very selves, their very selves do not become a cause that necessitates the answering of our supplication, so we would be seeking nearness by a means that is not a means; for this reason, this was not transmitted from the Prophet (peace and blessings be upon him) with a sound transmission, nor is it famous from the Salaf, and it has been transmitted in Mansak al-Muradi from Ahmad a supplication in which he asks by the Prophet (peace and blessings be upon him).
A3: What the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) mentioned regarding the jurists on this matter in the two books mentioned does not differ in meaning, even if the wording varies. Its explanation is: that the jurists; Malik , and Abu Hanifa , and al-Shafi'i (may Allah have mercy on them) said: that swearing by other than Allah is absolutely prohibited, whether the one sworn by is a Prophet or other than that, and it does not constitute an oath, and this is the correct opinion
from Ahmad (may Allah have mercy on him), and the Shaykh al-Islam Ibn Taymiyyah chose that and said: that it is the correct one, and the other opinion from him is that swearing by our Prophet Muhammad (peace and blessings be upon him) is permissible, and it constitutes an oath, and some of the Hanbalis generalized that to the Prophets, and based on the opinion of the permissibility of that and its establishment is the permissibility of swearing by Allah by the Prophet or the Prophets, and upon this is based the hadith of the blind man seeking tawassul (seeking nearness to Allah through a means) by the Prophet (peace and blessings be upon him), and Ibn Taymiyyah mentioned that the opinion of the permissibility of swearing by the Prophet and its establishment is a weak and anomalous opinion, and likewise what is based on it of the permissibility of swearing by Allah by him and what is consistent with it of tawassul (seeking nearness to Allah through a means) by him is likewise, and what the Shaykh al-Islam said is the correct one, and it is the opinion of the majority of the people of knowledge, and it is what is required by the evidences of the Shari'ah, and Allah is the One who grants success. And success is from Allah. And 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.

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