I have mentioned that a person saying, “It is haram upon me,” is an oath; is there a hadith that says: (Whoever swears an oath, let him swear by Allah)?

The Shaykh : Here is a question related to a previous question in our first session here. The questioner says: I have mentioned that a person saying, “It is haram upon me,” is an oath; is there a hadith that says: ?
Answer: Yes, this is a valid hadith; , but the statement of the one who says, “It is haram upon me,” falls under the category of... and vows. The Wise Lawgiver = -- and peace, mercy, and blessings of Allah be upon you -- = the Wise Lawgiver =
-- Please, go ahead.Another questioner: Peace be upon you.The Shaykh: And upon you be peace and the mercy of Allah and His blessings --
= The Wise Lawgiver treated this statement, “It is haram upon me,” as an oath, just as He treated the one who made a vow and did not fulfill it as an oath as well, even though it is not an oath. He said: The expiation for a vow is the expiation for an oath. So, if someone vows to do something forbidden—for example, “It is upon me for the sake of Allah that if my Lord grants me success in the exam, I will go to the cinema to make my young friends happy!”—and he actually succeeds, it is not permissible for him to fulfill such a vow, because of what is known from his saying (peace be upon him): , and he said (peace be upon him): . So, this contract he made between himself and his Lord, which he was unable to fulfill out of obedience to his Lord, the Lawgiver established for him an expiation, which is the expiation for an oath. Similarly, the one who says, “It is haram upon me, it is divorce upon me,” and the like, is considered in the position of an oath, and it is not swearing by other than Allah; because divorce and haram are abstract things, not material matters that can be associated with Allah (Mighty and Majestic) in His worship.
In summary: The hadith: is a valid hadith. As for “It is an oath upon me” and “It is divorce upon me,” even though swearing by divorce is not prescribed, it is not swearing by other than Allah, which is something that might be worshipped besides Allah (Blessed and Exalted is He)...

The questioner : ... .

The Shaykh: Be patient, Shaykh, for a moment. Yes?

The questioner: I am asking you a question...

The Shaykh: Be patient for a moment, Ukashah got ahead of you!

The questioner : ... .

The Shaykh: By Allah, it is possible. In any case, convey the group’s opinion on the matter.

Eid Abbasi: I mean, swearing by divorce is something that confirms the opinion... that there is no room for the Shari'ah in it, because divorce is one of the rulings of Islam that Allah legislated. So, he is saying what Allah has ruled, or by Allah’s ruling, such and such; meaning by the Shari'ah of Allah. So, it is a kind of swearing by the attributes of Allah, by what Allah has legislated in His religion; so there is no room for...

Another questioner: I mean, “It is divorce upon me,” for example, does it resemble a man saying to his wife: “You are divorced by me”?

The Shaykh: No, it does not resemble it.

Another questioner: What is the difference between them?

The Shaykh: The difference is that the prescribed divorce is an announcement or a creation, whereas “It is divorce upon me” is an oath, so it is like saying: “By Allah.”

Another questioner: “Upon me” means I bind myself to it.

The Shaykh: It means if he said: “By Allah, you will not leave the house,” and she left, it has the same meaning as when he said: “It is divorce upon me, do not leave the house.” So, it does not mean divorcing her, but rather it means what is usually meant by an oath, which is to deter her and prevent her from leaving the house without his permission.

Another questioner: Who said this? He told you: “It is my love for you upon me,” or “It is my love for you upon me.”

The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.

Another questioner: ... Is this an oath or...?

The Shaykh: It depends on the context.

Another questioner: So, here it depends on his intention.

The Shaykh: It depends on the context, yes. Do you agree that if his intention is an oath, it does not result in divorce?

Another questioner: So, when we...

The Shaykh: No, you did not answer me, you did not answer.

Another questioner : ... .

The Shaykh: If he said: “It is divorce upon me” and he intended an oath; does it result in divorce? It does not result in divorce; because .

Another questioner: ... This is your independent reasoning. Do you want me to bring you evidence for that from a text?

The Shaykh: Okay, I brought you the evidence.

Another questioner: What is the evidence?

The Shaykh : !

Another questioner: Here, so this goes back to intention, it does not go back to a definitive ruling!

The Shaykh: What am I telling you?

Another questioner: What are you telling me? You are saying: This is an oath.

The Shaykh: Yes, and I asked you and you did not answer!

Another questioner: I asked you and you did not answer; but perhaps the question I asked you, I did not grasp it or I did not hear it!

The Shaykh: Let us repeat it.

Another questioner: Let us repeat it.

The Shaykh: Let us repeat it.

Another questioner: Go ahead.

The Shaykh: I say: If you know that a man said: “It is divorce upon me”; and he intended by this statement to prevent his wife from disobeying his order and did not intend to divorce her; is this considered divorce or an oath?

Another questioner: Okay, I am asking you a second question.

The Shaykh: You did not answer me.

Another questioner: You did not answer me, I want to ask you a question...

The Shaykh: You apologized just now that perhaps you did not understand the question.

Another questioner: I want to ask you a question with an answer you do not want.

The Shaykh : I do not think so!

Another questioner: If you want an answer from me to that.

The Shaykh : I do not think so.

Another questioner: And I want to ask you a question with the text of the answer.

The Shaykh : I do not think so.

Another questioner: Okay, do you want me to ask you?

The Shaykh: By Allah, I do not want to, but for your sake, it is fine. If you want to try your luck, please go ahead.