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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the oath taken according to the intention of the one swearing or the intention of the one administering the oath?

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The questioner : One of the brothers asked, meaning he had a wife who convinced him to bring in some furniture and what is necessary for the house, meaning beyond what he owns?

The Shaykh: Above.

The questioner : Beyond what he owns, meaning beyond his capacity. She was studying and helping him with her own money, without him asking her to. Then the relationship between them deteriorated, and she filed a case in court demanding the money she gave him, as she stated, in the aforementioned context. In such matters, the judge makes the person swear without hearing the details. For example, he says, "Did you give you?" If the person wants to speak with a specific answer, like "yes" or "no," perhaps if he wants to ask for something, some people speak ill of him or accuse him of lacking proper conduct... regarding the oath, and as a result, he has to pay amounts this person cannot afford. So the question here is: if he wants to make him swear whether he gave it or not, what does he do if that previous detail is difficult to provide?

The Shaykh : Here, the saying of the Prophet (peace and blessings be upon him) applies:
An oath is to be interpreted according to the intention of the one who takes it اليمين على نية المستحلف
Sahih Muslim 1653b
So the one swearing, or the one from whom the oath is demanded, if he knows the intention of the one administering the oath, who is the judge here, and in that case, it is not permissible for the one swearing to swear according to his own intention, but rather according to the intention of the one administering the oath, who is the judge. If this is known, that is the ruling. And it appears from the implication of the question that if he swears, he will fall into a problem by being obligated to do what he believes is not obligatory upon him according to the Shari'ah. So in this situation, he must seek recompense for his affliction from his Lord.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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