I mentioned that a person saying "upon me is haram" is an oath. Is there a hadith that says (whoever swears an oath, let him swear by Allah)?
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The Shaykh : Here is a question related to a previous question at the beginning of our session here. The questioner says: I mentioned that a person saying "upon me is haram" is an oath. Is there a hadith that says Sahih al-Bukhari 2679?
The answer is yes, this is a valid hadith:Sahih al-Bukhari 2679. However, the statement of the one who says "upon me is haram" is of the nature of ... and vows. The Wise Lawgiver treated this statement, "upon me is haram," as an oath, just as He treated the one who made a vow and then did not fulfill it as an oath, even though it is not an oath. He said that the expiation for a vow is the expiation for an oath. So, if someone vows to do something forbidden, like saying, "For the sake of Allah, if my Lord makes me pass the exam, I will go to the cinema to celebrate my youth," and he actually passes, it is not permissible to fulfill such a vow, because of what is known from his saying (peace and blessings be upon him): Sunan Ibn Majah 2126Sahih (Darussalam). And he (peace and blessings be upon him) said: Sunan Abi Dawud 3323Sahih (Al-Albani). So, this contract he made between himself and his Lord, which he was unable to fulfill, is an act of obedience to his Lord, and the Lawgiver made the expiation for it the expiation for an oath. Similarly, the one who says, "upon me is haram, and upon me is divorce," 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 concepts and not material things that can be associated with Allah (Mighty and Majestic) in His worship. In summary, the hadith Sahih al-Bukhari 2679 is a valid hadith. As for "upon me is an oath" and "upon me is divorce," even though an oath by divorce is not prescribed, it is not swearing by other than Allah, which might be worshipped alongside Allah (Blessed and Exalted is He) ... .
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : Be patient a little, Akasha got there before you!
The questioner : ... .
The Shaykh : ... In any case, convey this to the group, or ... .
The questioner : That is, swearing by divorce is what confirms ... it does not include ... the Shari'ah ... that divorce is a ruling among the rulings of Islam that Allah prescribed. So he is saying by what Allah ruled, or by the ruling of Allah, so-and-so is 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 prescribed in His religion, so it does not fall into the category of "upon me is divorce", for example ... .
Another questioner: For example, "upon me is divorce" ... his wife ... divorce?
The Shaykh : ... No ... and its benefit is that the prescribed divorce is either an announcement or a creation, whereas "upon me is divorce" is an oath. It is as if he said, "By Allah ..." meaning, if he said, "By Allah, you will not leave the house," and she left, it has the same meaning as when he said, "Upon me is divorce, you will not leave the house." It does not mean her divorce, 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.
The questioner : Who said this ... upon me ... this is an oath ...?
The Shaykh : Depending on the context.
The questioner : ... Depending on his intention.
The Shaykh : Depending on the context ... Do you agree that if his intention is an oath, it does not result in divorce?
The questioner : ... .
The Shaykh : You didn't answer me, you didn't answer me ... .
The questioner : ... .
The Shaykh : If he said "upon me is divorce" and he intends an oath, does it result in divorce?
The questioner : ... .
The Shaykh : It does not result in divorce, because ... .
The questioner : ... .
The Shaykh : I brought you the evidence!
The questioner : What is the evidence?
The Shaykh : !
The questioner : Ah, it goes back to intention ...!
The Shaykh : What am I supposed to tell you ... .
The questioner : ... .
The Shaykh : And I asked you and you didn't answer!
The questioner : I didn't answer because the question you asked me, perhaps I didn't grasp it or I didn't hear it!
The Shaykh : Let's repeat it. I say: If you know that a man said "upon me is divorce" and he intends by this statement to prevent his wife from disobeying his order, and he does not intend to divorce her, is this considered divorce or an oath?
The questioner : ... .
The Shaykh : You didn't answer me ... You excused yourself at that moment that perhaps you didn't understand the question ... .
The questioner : ... A question with the same answer ... .
The Shaykh : I don't think so!
The questioner : And I want to ask you for the exact answer.
The Shaykh : I don't think so, by Allah, I don't have it, but for your sake, there is no harm if you want to try your luck, go ahead ... .
Whoever has to take an oath should swear by Allah
من كان حالفا فليحلف باللهThe answer is yes, this is a valid hadith:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفا فليحلف بالله أو ليصمتWhoever vows to obey Allah, let him obey Him, and whoever vows to disobey Allah, let him not disobey Him.
من نذر أن يطيع الله فليطعه ومن نذر أن يعصي الله فلا يعصهThe atonement for a vow is the same as for an oath.
كفارة النذر كفارة اليمينWhoever has to take an oath should swear by Allah or remain silent.
من كان حالفا فليحلف بالله أو ليصمتThe questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh : Be patient a little, Akasha got there before you!
The questioner : ... .
The Shaykh : ... In any case, convey this to the group, or ... .
The questioner : That is, swearing by divorce is what confirms ... it does not include ... the Shari'ah ... that divorce is a ruling among the rulings of Islam that Allah prescribed. So he is saying by what Allah ruled, or by the ruling of Allah, so-and-so is 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 prescribed in His religion, so it does not fall into the category of "upon me is divorce", for example ... .
Another questioner: For example, "upon me is divorce" ... his wife ... divorce?
The Shaykh : ... No ... and its benefit is that the prescribed divorce is either an announcement or a creation, whereas "upon me is divorce" is an oath. It is as if he said, "By Allah ..." meaning, if he said, "By Allah, you will not leave the house," and she left, it has the same meaning as when he said, "Upon me is divorce, you will not leave the house." It does not mean her divorce, 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.
The questioner : Who said this ... upon me ... this is an oath ...?
The Shaykh : Depending on the context.
The questioner : ... Depending on his intention.
The Shaykh : Depending on the context ... Do you agree that if his intention is an oath, it does not result in divorce?
The questioner : ... .
The Shaykh : You didn't answer me, you didn't answer me ... .
The questioner : ... .
The Shaykh : If he said "upon me is divorce" and he intends an oath, does it result in divorce?
The questioner : ... .
The Shaykh : It does not result in divorce, because
Actions are only by intentions
إنما الأعمال بالنبياتThe questioner : ... .
The Shaykh : I brought you the evidence!
The questioner : What is the evidence?
The Shaykh :
Actions are only by intentions
إنما الأعمال بالنياتThe questioner : Ah, it goes back to intention ...!
The Shaykh : What am I supposed to tell you ... .
The questioner : ... .
The Shaykh : And I asked you and you didn't answer!
The questioner : I didn't answer because the question you asked me, perhaps I didn't grasp it or I didn't hear it!
The Shaykh : Let's repeat it. I say: If you know that a man said "upon me is divorce" and he intends by this statement to prevent his wife from disobeying his order, and he does not intend to divorce her, is this considered divorce or an oath?
The questioner : ... .
The Shaykh : You didn't answer me ... You excused yourself at that moment that perhaps you didn't understand the question ... .
The questioner : ... A question with the same answer ... .
The Shaykh : I don't think so!
The questioner : And I want to ask you for the exact answer.
The Shaykh : I don't think so, by Allah, I don't have it, but for your sake, there is no harm if you want to try your luck, go ahead ... .