What is the ruling on a person who does not swear an oath, saying, "By Allah, I will not do it again, and if I do, I will pay one thousand dinars"?
Machine translationRead the Arabic original
The questioner : A person should bring it after ease, after a period of time.
The Shaykh : If he does not...
The questioner : Yes, he brings it.
The Shaykh : A legal stratagem.
The questioner : But if it is not by way of a stratagem, meaning, we said, for example, yesterday a brother asked me a question: a person said, "I do not swear an oath, I say, 'By Allah, I will not do it again, and if I do such and such, I will pay one thousand dinars.' So, O Shaykh, how is this?
The Shaykh : He pays one thousand dinars.
The questioner : If it is good, if he is not able.
The Shaykh : How is he not able?
The questioner : He is not able to pay one thousand dinars; he does not possess it.
The Shaykh : It is not easy; we say he is not able. It is not easy. If the matter were worldly, what would it be worth?
The questioner : He borrows.
The Shaykh : He borrows, so we do not say he is not able.
The questioner : Good, O Shaykh, assuming here, the criterion in the case is that whenever he is able to do so, he does it.
The Shaykh: Yes.
The questioner : But if, for example, he gives a large number so that he does not return to such a thing, meaning he said, for example, ten thousand, does that mean, do you see, that he breaks his oath?
The Shaykh : I do not issue rulings on these cases except with each individual.
The questioner : Yes.
The Shaykh : It happens to him so that I know how to deal with him.
The questioner : ... or a general rule in it.
The Shaykh : A general rule: ability. Is ability multiple?
The questioner : It is not multiple.
The Shaykh : The answer is no; everyone is according to his own capacity, so that one does not get involved.
The questioner : Yes.
The Shaykh : With himself and with others, he will not say.
The questioner : Correct.
The Shaykh : He is not able, so he breaks his oath.
The questioner : This is good, but meaning, if a person is not, meaning, sincere in his inability.
The Shaykh : I gave you the answer.
The questioner : That he does not break his oath.
The Shaykh : I gave you the answer.
The questioner : He breaks his oath.
The Shaykh : If he does not...
The questioner : Yes, he brings it.
The Shaykh : A legal stratagem.
The questioner : But if it is not by way of a stratagem, meaning, we said, for example, yesterday a brother asked me a question: a person said, "I do not swear an oath, I say, 'By Allah, I will not do it again, and if I do such and such, I will pay one thousand dinars.' So, O Shaykh, how is this?
The Shaykh : He pays one thousand dinars.
The questioner : If it is good, if he is not able.
The Shaykh : How is he not able?
The questioner : He is not able to pay one thousand dinars; he does not possess it.
The Shaykh : It is not easy; we say he is not able. It is not easy. If the matter were worldly, what would it be worth?
The questioner : He borrows.
The Shaykh : He borrows, so we do not say he is not able.
The questioner : Good, O Shaykh, assuming here, the criterion in the case is that whenever he is able to do so, he does it.
The Shaykh: Yes.
The questioner : But if, for example, he gives a large number so that he does not return to such a thing, meaning he said, for example, ten thousand, does that mean, do you see, that he breaks his oath?
The Shaykh : I do not issue rulings on these cases except with each individual.
The questioner : Yes.
The Shaykh : It happens to him so that I know how to deal with him.
The questioner : ... or a general rule in it.
The Shaykh : A general rule: ability. Is ability multiple?
The questioner : It is not multiple.
The Shaykh : The answer is no; everyone is according to his own capacity, so that one does not get involved.
The questioner : Yes.
The Shaykh : With himself and with others, he will not say.
The questioner : Correct.
The Shaykh : He is not able, so he breaks his oath.
The questioner : This is good, but meaning, if a person is not, meaning, sincere in his inability.
The Shaykh : I gave you the answer.
The questioner : That he does not break his oath.
The Shaykh : I gave you the answer.
The questioner : He breaks his oath.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.