What is the ruling on the oath that entails sin, which a person is compelled to take for the sake of benefit, preventing discord, and making peace?
Machine translationRead the Arabic original
The Shaykh : How?
The questioner : Regarding the issue of the oath that entails sin, a brother asked me for a ruling, and I have not reached a definitive opinion on it. Is the oath that entails sin permissible out of dire necessity, such as making peace between two spouses? For example, if the situation demands it, meaning if he states the truth, it will ruin his home; his wife will leave him, and they have children and affection between them, and she demands that he swear an oath in this matter.
The Shaykh : It is permissible according to the school of Abu Nuwas.
The questioner : And what is it?
The Shaykh : "And they treated the disease with what was the cause of the disease."
The questioner : Of course, we seek refuge in Allah, meaning losing the Hereafter for the sake of this world! By Allah, his brother-in-law mentioned this to our brother Nizar in a case like this, as if it actually happened, we seek refuge in Allah, regarding unlawful sexual intercourse, may Allah protect us, and his wife, as if he heard her or she was aware.
The Shaykh : And the problem becomes greater.
The questioner : So he is repentant, meaning and she demands that he swear whether this occurred, if he swears to her confirming his separation, and he has children from her, and he loves her, and he has repented, and there is no solution, and if he swears, he also fears the sin, so is it said here that it is a dire necessity?
The Shaykh : The answer has already been given.
The questioner : There is nothing, meaning.
The Shaykh : It is not permissible.
The questioner : Similarly, if it is like these incidents of detention, a prisoner, for example, they made him swear an oath to save the life of a person being pursued, and so on, meaning there is no exception or dispensation in that?
The Shaykh : Like suicide.
The questioner : Is there no way there if it is by equivocation?
The Shaykh :Al-Adab Al-Mufrad 857 .
The questioner : Okay, how do we reconcile the two cases, equivocations, this is a sound hadith, my teacher.
The Shaykh : No, this is a report stopping at 'Umar.
The questioner : Yes, soSahih Muslim 1653b, so if he is in equivocation.
The Shaykh : This is not an oath, you just mentioned it now.
The questioner: Yes.
The Shaykh : The discussion is about equivocations.
The questioner : Equivocations without him demanding an oath?
The Shaykh: Yes.
The questioner : Even if he swears an oath, meaning without being asked, and by Allah, and he intends a matter that does not come to mind?
The Shaykh : The answer has already been given.
The questioner : Just to confirm, even if there is an oath?
The Shaykh : To confirm, I say the answer has already been given.
The questioner : Meaning in the case mentioned, there is no solution, he has to utter it as long as she requested it.
The Shaykh : "Baraqish committed a sin against herself."
The questioner : And repentance does not intercede for him?
The Shaykh : Repentance will not be according to the school of Abu Nuwas.
The questioner : This is from the ill effects of sins, and may Allah protect us.
The questioner : Regarding the issue of the oath that entails sin, a brother asked me for a ruling, and I have not reached a definitive opinion on it. Is the oath that entails sin permissible out of dire necessity, such as making peace between two spouses? For example, if the situation demands it, meaning if he states the truth, it will ruin his home; his wife will leave him, and they have children and affection between them, and she demands that he swear an oath in this matter.
The Shaykh : It is permissible according to the school of Abu Nuwas.
The questioner : And what is it?
The Shaykh : "And they treated the disease with what was the cause of the disease."
The questioner : Of course, we seek refuge in Allah, meaning losing the Hereafter for the sake of this world! By Allah, his brother-in-law mentioned this to our brother Nizar in a case like this, as if it actually happened, we seek refuge in Allah, regarding unlawful sexual intercourse, may Allah protect us, and his wife, as if he heard her or she was aware.
The Shaykh : And the problem becomes greater.
The questioner : So he is repentant, meaning and she demands that he swear whether this occurred, if he swears to her confirming his separation, and he has children from her, and he loves her, and he has repented, and there is no solution, and if he swears, he also fears the sin, so is it said here that it is a dire necessity?
The Shaykh : The answer has already been given.
The questioner : There is nothing, meaning.
The Shaykh : It is not permissible.
The questioner : Similarly, if it is like these incidents of detention, a prisoner, for example, they made him swear an oath to save the life of a person being pursued, and so on, meaning there is no exception or dispensation in that?
The Shaykh : Like suicide.
The questioner : Is there no way there if it is by equivocation?
The Shaykh :
Indirect speech accords great scope in avoiding lies.
إنَّ في المعاريض لَمندوحَةٌ عن الكذبThe questioner : Okay, how do we reconcile the two cases, equivocations, this is a sound hadith, my teacher
Indeed, in equivocations there is a way out from lying
إنَّ في المعاريض مندوحةٌ عن الكذبThe Shaykh : No, this is a report stopping at 'Umar.
The questioner : Yes, so
An oath is to be interpreted according to the intention of the one who takes it
اليمين على نيَّة المُستحلِفThe Shaykh : This is not an oath, you just mentioned it now.
The questioner: Yes.
The Shaykh : The discussion is about equivocations.
The questioner : Equivocations without him demanding an oath?
The Shaykh: Yes.
The questioner : Even if he swears an oath, meaning without being asked, and by Allah, and he intends a matter that does not come to mind?
The Shaykh : The answer has already been given.
The questioner : Just to confirm, even if there is an oath?
The Shaykh : To confirm, I say the answer has already been given.
The questioner : Meaning in the case mentioned, there is no solution, he has to utter it as long as she requested it.
The Shaykh : "Baraqish committed a sin against herself."
The questioner : And repentance does not intercede for him?
The Shaykh : Repentance will not be according to the school of Abu Nuwas.
The questioner : This is from the ill effects of sins, and may Allah protect us.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.