If the judge forces the one taking an oath to swear on the mushaf, or forces him to place his hand on the mushaf and swear by it; what is the ruling?
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The questioner : If the judge forces the one taking an oath to... meaning... does he not swear at all?
The Shaykh : No, he swears in this manner, he swears in the manner we mentioned: I swear.
The questioner : On placing his hand...
The Shaykh : My brother, I know, he does not respond to the judge immediately; he says to him: I swear by the word of Allah that is in this mushaf.
Another questioner : I convey this.
The Shaykh : Meaning it is not necessary for him to come and say to him like this: that is in this mushaf.
The questioner : ... .
The Shaykh : Oh?
The questioner : ... .
Another questioner : ... I convey it.
Another questioner : If he orders him to place his hand in this situation, does he not swear? He said: No, you must place your hand on the mushaf.
The Shaykh : Yes, if he is not compelled to swear, he does not swear, of course, he does not swear; meaning as it was said in some hadiths:Al-Adab Al-Mufrad 857, this is much easier than making a circumlocution, meaning, and this circumlocution has some pleasant incidents, among them - for example - when the fitnah of the creation of the Qur'an occurred, many of the great scholars were tortured for the sake of this fitnah, and many of them were killed, and some were tested and did not succeed, and they conformed, so among the famous for steadfastness in prison and torture in prison was the Imam of the Sunnah, Ahmad ibn Hanbal, people of weak resolve, even though they were from the great scholars of hadith and the sheikhs of the Imam al-Bukhari, and he was Ali ibn al-Madini, he conformed to them, he conformed to them with his tongue, they brought them from various different countries; oh Allah, what do you say about the Qur'an? The word of Allah or created? It became his faith, the point is, a clever, intelligent man came, he said to the examiner: The Zabur, the Torah, the Injil, and the Qur'an, these four are created, and it deceived the judge and he got out of his situation, these four means the fingers, do you understand how?
And among these matters that do not resemble this cleverness and this acumen, two men came, one Sunni and the other Shi'ah, to the famous Ibn al-Jawzi, they differed on which is better, Abu Bakr or Ali? So he gave an answer that pleased each one, he said: "Whoever has his daughter under him is the better," Abu Bakr's daughter is Aishah.
The questioner: Under...
The Shaykh : And the Messenger's daughter is under Ali, each one interpreted the sentence according to what he had and left, he got out of this dilemma, so there is room, meaningAl-Adab Al-Mufrad 857.
The Shaykh : No, he swears in this manner, he swears in the manner we mentioned: I swear.
The questioner : On placing his hand...
The Shaykh : My brother, I know, he does not respond to the judge immediately; he says to him: I swear by the word of Allah that is in this mushaf.
Another questioner : I convey this.
The Shaykh : Meaning it is not necessary for him to come and say to him like this: that is in this mushaf.
The questioner : ... .
The Shaykh : Oh?
The questioner : ... .
Another questioner : ... I convey it.
Another questioner : If he orders him to place his hand in this situation, does he not swear? He said: No, you must place your hand on the mushaf.
The Shaykh : Yes, if he is not compelled to swear, he does not swear, of course, he does not swear; meaning as it was said in some hadiths:
Indirect speech accords great scope in avoiding lies.
إنَّ في المعاريض لمندوحةً عن الكذبAnd among these matters that do not resemble this cleverness and this acumen, two men came, one Sunni and the other Shi'ah, to the famous Ibn al-Jawzi, they differed on which is better, Abu Bakr or Ali? So he gave an answer that pleased each one, he said: "Whoever has his daughter under him is the better," Abu Bakr's daughter is Aishah.
The questioner: Under...
The Shaykh : And the Messenger's daughter is under Ali, each one interpreted the sentence according to what he had and left, he got out of this dilemma, so there is room, meaning
Indirect speech accords great scope in avoiding lies.
إنَّ في المعاريض لمندوحةً عن الكذب
Source
www.al-albany.com
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