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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the Author's Statement: The Chapter on What Has Come Regarding Excessive Oath-Taking and the Saying of Allah the Exalted: "And keep your oaths"

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The Shaykh :"The Chapter on What Has Come Regarding Excessive Oath-Taking" We have previously stated that swearing by other than Allah Mighty and Majestic is shirk (associating partners with Allah), and that it may be major shirk or minor shirk, depending on the degree of reverence the swearer holds in his heart for the thing by which he swears. If he reveres it with a reverence that is fitting only for Allah, it is major shirk. If it is less than that, it is minor shirk. For example, if one swears by the Prophet Muhammad (peace and blessings be upon him) believing that he deserves the same reverence as Allah the Exalted, that is major shirk. Likewise, if one swears by the Ka'bah or something similar. However, if he believes that it does not deserve the same reverence as Allah, it is minor shirk. The author's intention in this chapter is not what we just mentioned, which is swearing by other than Allah. His intention is swearing by Allah the Exalted. The relevance of this to the book of Tawhid (the oneness of Allah) is that excessive oath-taking indicates that the swearer's heart lacks the reverence for Allah the Exalted that necessitates awe of Him or awe of the oath by Him Blessed and Exalted is He. When a person swears excessively by Allah, it indicates that there is a deficiency in his heart regarding the reverence of Allah the Exalted. Revering Allah Blessed and Exalted is He is undoubtedly part of the perfection of tawhid, and indeed it is one of the greatest components of tawhid.
He said: "And the saying of Allah the Exalted:
And keep your oaths واحفظوا أيمانكم
"
This verse was mentioned by Allah the Exalted in the context of the expiation for an oath.
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths لا يؤاخذكم الله باللغو في أيمانكم ولكن يؤاخذكم بما عقدتم الأيمان فكفارتُه إطعام عشرة مساكين من أوسِط ما تطعمون أهليكم أو كسوتهم أو تحرير رقبة فمن لم يجد فصيام ثلاثة أيام ذلك كفارة أيمانكم إذا حلفتم، احفظوا أيمانكم
[Al-Ma'idah 5:89]
"Keep your oaths." What does this mean? We say that an oath has a beginning, an end, and a middle. Its beginning is the oath itself, its end is the expiation, and its middle is the breaking of the oath. For example, if I say, "By Allah, I will not do such and such," that is the beginning. If I do it, that is the breaking of the oath, which is the middle. If I then pay the expiation, that is the expiation, which is the other end. So every oath has two ends and a middle. What is the first end? The oath. And the second end?
The student: ...

The Shaykh : No, the expiation. And the middle is the breaking of the oath. What does breaking the oath mean? Breaking the oath is doing what one swore to leave, or leaving what one swore to do. This is breaking the oath. From this, we know that any oath regarding a past matter does not involve breaking the oath. There is no breaking of the oath in it, and where there is no breaking of the oath, there is no expiation. So swearing about a past matter is either truthful or false. If you are truthful, you are free from blame. If you are false, you have sinned. As for the expiation, it is not obligatory. Yes, did you understand this?
The student: For example.

The Shaykh : For example, I said to a person, "By Allah, I did not do this yesterday." "By Allah, I did not do this yesterday." If you are truthful, it is a truthful oath. If you are false, it is a false oath. But you do not owe an expiation, because the expiation is only for an oath regarding the future. An oath regarding the future, is that clear? Or not?
The student: Clear.

The Shaykh : It is clear. But if I said, "By Allah, I will certainly do this tomorrow" or today, the important thing is that I will certainly do this in the future. If you do it, you are free from blame. If you do not do it, you have broken your oath, and it is obligatory upon you
The student: The expiation

The Shaykh : The expiation, because it is regarding something in the future. Now, if you swear regarding something in the future based on a strong assumption, and it does not happen, there is a disagreement among the scholars. Some said that you owe the expiation, and some said you do not owe the expiation. The correct view is that you do not owe the expiation. For example, I said, "By Allah, Zayd will certainly come tomorrow," based on your assumption that he will come, but he did not come. Here, the correct view is that you have not broken your oath, because you only swore to what was in your heart. Yes, and that is what happened. When you said, "By Allah, Zayd will certainly come tomorrow," it is as if you are saying, "By Allah, this is my assumption, and it is true that it is your assumption." Yes.
Now, so the saying of Allah the Exalted
And keep your oaths واحفظوا أيمانكم
after He mentioned, after He mentioned the oath, the expiation, and the breaking of the oath, we said that it is the middle between them. What is the intended meaning of "keeping the oath"? Is it the beginning, the end, or the middle?
The student: ...

The Shaykh : Or all three?
The student: If the beginning did not happen, the ...

The Shaykh : No, the intended meaning ... is in the beginning, or in the end, or in the middle. That is to say, does the verse mean "Do not swear excessively by Allah," or does it mean "If you swear, do not break your oaths," or does it mean "If you break your oaths, do not leave the expiation"?
The student: ...

The Shaykh : All of them.
The student: All of them.

The Shaykh : Yes, all of them. So it encompasses the three states of the oath. This is why the author brought it in this chapter, because one of the meanings of His saying:
And keep your oaths واحفظوا أيمانكم
is "Do not multiply oaths," meaning do not multiply oaths. And the author says: "The Chapter on What Has Come Regarding Excessive Oath-Taking" Do not multiply oaths, because multiplying oaths, and a person swearing every time he swears, swearing, swearing, means he is being disrespectful to Allah the Exalted. And this is a very great matter. And the intended meaning is what is deliberate and intended. As for what slips off the tongue without intention, there is nothing in it.
Allah does not impose blame upon you for what is unintentional in your oaths لا يؤاخذكم الله باللغو في أيمانكم
[Al-Baqarah 2:225]
There is no accountability at all. And it has passed us that idle talk in an oath is like
The student: No, by Allah.

The Shaykh : Like "No, by Allah" and "Yes, by Allah" in the course of conversation. If I say to your companion, "You will visit so-and-so," and he says, "No, by Allah, I will not visit him." Yes, "No, by Allah, I am not coming," "No, by Allah, I will do such and such." He did not intend the oath. It is something that slips off the tongue without intention. There is nothing in it. But the intended meaning is the deliberate oath. Do not multiply oaths. Now, we come to the middle of the oath, which is "Do not break your oaths." "Keep your oaths" means do not break them. If you swore, stand firm on your oath and do not break it. This is part of keeping the oath, or not?
The student: ...

The Shaykh : Yes, this is part of keeping the oath. But this middle, which is the breaking of the oath, has a detail. It has a detail, because the Prophet (peace and blessings be upon him) said to 'Abd al-Rahman ibn Samurah:
If you swear an oath, then you see something better than it, then offer expiation for your oath, and do that which is better. إذا حلفت على يمين فرأيت غيرها خيراً منها فكفر عن يمينك وائت الذي هو خير
Sunan an-Nasa'i 3784Sahih (Darussalam)
And on this basis, we say that keeping the oath includes not breaking it, except if it is what?
The student: Good ...

The Shaykh : Except if it is good. Except if breaking the oath is good. Otherwise, it is better that you keep your oath and do not break it. Is that clear, everyone?
A man swore and said, "By Allah, I will not speak to so-and-so," and he is one of the believers whose boycotting is forbidden. "By Allah, I will not speak to so-and-so." Is it better to keep the oath or to break the oath?
The student: Breaking the oath.

The Shaykh : Yes.
The student: Breaking the oath.

The Shaykh : Breaking the oath. That is, is it better that you speak to him and pay the expiation for your oath, or not? Because speaking to him is better than
The student: Boycotting him.

The Shaykh : Boycotting him. Now, another man said, "By Allah, I will certainly help so-and-so," "I will certainly help so-and-so" with something forbidden. What do you say about breaking the oath here?
The student: It is obligatory.

The Shaykh : Is breaking the oath forbidden or not forbidden?
The student: It is forbidden.

The Shaykh : It is forbidden?
The student: Yes.

The Shaykh : Yes, breaking the oath is forbidden. Because if he said, "By Allah, I will certainly help him," and what was the example we mentioned? "By Allah, I will certainly help so-and-so with something forbidden." You said breaking the oath is forbidden.
The student: It is obligatory.

The Shaykh : Yes, breaking the oath is obligatory. Is breaking the oath obligatory or not? That is, is it obligatory that he help him or that he not help him?
The student: That he not help him.

The Shaykh : That he not help him, because that is the breaking of the oath. It is obligatory that he not help him, and he pays the expiation for his oath. Is that clear? So breaking the oath has a detail. But if the matter is equal, and breaking the oath and not breaking it are the same in terms of sin, what is better? It is better to keep the oath. It is better to keep the oath.

The questioner : Shaykh.

The Shaykh : Yes

The questioner : If he swore to boycott his brother, is breaking the oath obligatory ...

The Shaykh : How?

The questioner : If he swore to boycott his brother, do we say that breaking the oath is better, or that it is obligatory?

The Shaykh : No, it is obligatory. It is obligatory if boycotting him is forbidden. Breaking the oath is obligatory.
Now, the third meaning, which is the other or the second end,
Preserve your oaths. احفظوا أيمانكم
means, do not leave it without expiation. So if he swore and broke his oath, is it obligatory upon him to pay the expiation immediately, or with delay?
The student: Immediately.

The Shaykh : Immediately, because the default for obligatory duties is immediacy. And it is not permissible to delay the expiation, or to leave the expiation. And this is part of keeping the oath, or not? It is part of keeping the oath, because performing what that oath necessitates, which is the expiation, means that performing the expiation is keeping it. So keeping the oath necessitates these three things: keeping it at the beginning, keeping it regarding the breaking, and keeping it regarding the expiation. Yes. At the beginning, it means do not multiply oaths, do not multiply oaths. Now, in the middle, do not break them except if it is good. At the end, do not leave them without expiation.
And what is the expiation? The expiation was clarified by Allah in His saying:
the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave إطعام عشرة مساكين من أوسط ما تطعمون أهليكم أو كسوتهم أو تحرير رقبة
[Al-Ma'idah 5:89]
Did He start with the hardest or the easiest?
The student: The easiest.

The Shaykh : The easiest?
The student: No, the hardest.

The Shaykh : The hardest?
The student: The easiest ...

The Shaykh : Yes, it is possible ... Look, in our current time, the easiest is feeding, but it may come a day when feeding is more beloved to people than clothing, or not? If ... people have clothing, their houses are full of clothing, but they are hungry. Here, feeding is
The student: Better.

The Shaykh : The best perfume is one where the value of the slaves and maids might be high; a garment might be worth fifty riyals while it is worth twenty riyals. Yes, and what is here? The clothing is better, and so is the feeding.
In any case, looking at the general rule, there is no doubt that the verse began with what? The easier one. The easier one. Good.
the feeding of ten needy people إطعام عشرة مساكين
[Al-Ma'idah 5:89]
or clothing them or the freeing of a slave أو كسوتهم أو تحرير رقبة
[Al-Ma'idah 5:89]
Is it a choice or a restriction?
The student: A choice.

The Shaykh : A choice. And for this reason, He said afterwards:
And whoever cannot find [or afford such an animal] - then a fast of three days فمن لم يجد فصيام ثلاثة أيام
[Al-Baqarah 2:196]
whoever cannot find من لم يجد
[Al-Baqarah 2:196]
What? Who did not find feeding, or who did not find food?
It covers both cases. And for this reason, the object was omitted to make it more general. I might find feeding and have dirhams, but I do not find someone to feed. I search the whole town and do not find a poor person. What do I do? I fast three days. I fast three days, right or wrong? It is not said that here the place of the obligation is missing, which is the poor person, so it is dropped, just as if the hand is cut off, its washing is dropped. Because we say that Allah says:
And whoever cannot find فمن لم يجد
[Al-Baqarah 2:196]
And the object was omitted, which indicates generality. You see, there is no objection to us speaking about this, even though this is a branch of jurisprudence that has no connection to tawhid (the oneness of Allah), but as a reminder. Good.
the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days إطعام عشرة مساكين أو كسوتهم أو تحرير رقبة فمن لم يجد فصيام ثلاثة أيام
[Al-Ma'idah 5:89]
In the recitation of Ibn Mas'ud.
The student: Consecutive.

The Shaykh : Consecutive. Yes.
The student: ...

The Shaykh : Yes
The student: ...

The Shaykh : It will be better. The better in what is recommended (mustahabb) is to do it, and in what is disliked (makruh) is to leave it. Good. So we return to...
The student: ...

The Shaykh : We say it is better, but the original ruling is not obligatory, even without an oath it is not obligatory. So the oath does not make it obligatory. But the better is that if the disliked thing is recommended, he should break the oath, and the disliked thing in the original ruling is not to do it. So the better in the disliked thing is not to do it for two reasons: to preserve the oath, and because the thing sworn about is disliked. Good. Does it fall under the saying of Allah the Exalted:
And keep your oaths واحفظوا أيمانكم
Meaning, do not swear by other than Allah?
The student: ...

The Shaykh : Here, does it fall under this?
The student: Yes.

The Shaykh : Or do we say that swearing by other than Allah is not an oath? Here.
The student: An oath.

The Shaykh : I say: Does it fall under His saying:
And keep your oaths واحفظوا أيمانكم
Meaning, do not swear by other than Allah?
The student: Now...

The Shaykh : Or does it not fall under it?
The student: ...

The Shaykh : If swearing by other than Allah the Exalted is an oath, then it falls under it. That is, preserve your oaths so that you do not swear by what is not permissible to swear by. And there is no doubt that swearing by other than Allah is an oath. For this reason, the Messenger of Allah (peace and blessings be upon him) said:
Do not swear by your fathers لا تحلفوا بآبائكم
Do not swear by your fathers لا تحلفوا بآبائكم
And he said:
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk من حلف بغير الله فقد كفر أو أشرك
Riyad as-Salihin 1711
And he did not say "so he has no oath." And on this basis, it falls under it. So a fourth meaning is that you do not swear by other than Allah. Swearing by Allah (Glorified and Exalted is He) is among the prescribed oaths. Swearing by an attribute of Allah.
The student: ...

The Shaykh : If he said, "By the majesty of Allah, I will certainly do such and such," here, is it prescribed?
The student: Yes.

The Shaykh : Good. Do you have evidence?
The student: ...

The Shaykh : Other than this.
The student: We say the attribute is a branch of the essence, so if he swears...

The Shaykh : This is a reasoning, there is no evidence.
The student: ...

The Shaykh : Yes.
The student: I

The Shaykh : Yes, yes.
The student: ... He says: ...
No, by Your majesty, O Lord. لا وعزتك يا رب


The Shaykh : Yes...
The student:
By my majesty and glory, I will certainly support you.وعزتي وجلالي لأنصرنك


The Shaykh : Swearing by Allah with a thing, it is not a proof, because Allah swears even by created things:
And the sun and its brightness, and the moon when it follows it. والشمس وضحاها والقمر إذا تلاها

The student: ...

The Shaykh : Yes.
The student: The saying of Satan,
By your might, I will surely mislead them allفبعزتك لأغوينهم أجمعين
[Sad 38:82]
.

The Shaykh : Yes. If you did not say... Satan would be lighter. After that, if you brought the verse as the brother Zayd brought it. Yes. In any case, the scholars say that swearing by an attribute of Allah (Mighty and Majestic) is a valid oath. Yes. Because the attributes of Allah (Mighty and Majestic) are not created. The attributes of Allah are not created, so it is permissible to swear by them. Yes. Who asks?
Source alathar.net

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

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