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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the explanation of the statement of Imam al-Nawawi (may Allah have mercy on him) regarding what he quoted: "."

Machine translationRead the Arabic original
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
This is the hadith of al-Bara' ibn 'Azib (may Allah be pleased with him). We have previously discussed part of it and mentioned that five of its phrases were mentioned in the two hadiths before it, and that the sixth phrase is supporting the oppressed, which we have discussed.
The seventh is:
Fulfilling the oath إبرار القسم
: or fulfilling the oath of the one who swears. This means: if your brother swears an oath regarding something, fulfill it and agree with him on what he swore to. If he swears and says, "By Allah, you will do such and such," then it is his right over you that you fulfill his oath and agree with him, except if there is harm to you in it. For example, if he swears that you should tell him about things in your house that you do not like anyone to see, do not tell him, because he is transgressing by asking you to reveal what was a secret with you. And if he is transgressing, the recompense for the transgressor is to be left alone and not to be agreed with in his transgression.
But if there is no transgression and he swears an oath over you, then it is his right that you fulfill his oath and give him what he swore to, except if it is a sin. If it is a sin, do not respond to it. For example, if he swears that you should give him dirhams to buy tobacco, this is not obligatory for you, and in fact, it is not permissible for you to agree with him, because you would be assisting him in sin and transgression. Or if there is harm to you in it, as we exemplified: he swears that you should tell him what is in the secret of the house regarding matters you do not like anyone to see, or he swears over you regarding something that harms you if you agree with him. For example, your father might say, "By Allah, you will not perform Hajj," and Hajj is obligatory for you, so you do not obey him, because in this there is abandoning an obligatory duty,
A creature is not to be obeyed when it involves disobedience to the "Creator.” ولا طاعة لمخلوق في معصية الخالق
Mishkat al-Masabih 3696
. Or he swears that you should not visit your mother, and he has divorced her, and there were problems between them so he disliked her, and he says to you, "By Allah, do not go to your mother." Then you do not obey him, because he is sinful for preventing you from maintaining family ties. Maintaining family ties is obligatory, and dutifulness to parents is obligatory, so do not obey him.
Similarly, if he swears that you should not visit any of your brothers, uncles, or relatives, do not obey him, and do not fulfill his oath, even if it is your father, because maintaining family ties is obligatory, and it is not permissible for him to swear such an oath. And if a person maintains family ties, then Allah the Exalted will maintain ties with him,
Allah has guaranteed for the family tie that He will maintain ties with the one who maintains them, and He will cut off the one who cuts them off فقد تعهد الله للرحم أن يصل من وصلها، وأن يقطع من قطعها
. So if the obstacles are removed, it is better to fulfill his oath.
Here is an issue: it often happens that he swears and you swear. This occurs frequently with a guest when he stays with you. He says, "By Allah, you will not slaughter for me," so you swear and say, "By Allah, I will slaughter for you." Here, who fulfills the oath, the first or the second? The first. We fulfill the first one, because his right is prior. And we say to the second, the host who swore to slaughter, "Do not slaughter and expiate your oath, because the first one is more deserving of fulfillment and prior."
Here is an issue that one should be careful about in this matter: some foolish people, when a guest stays with them, the guest says, "I am divorced from my wife, or from my wives if he has more than one, if you do not slaughter for me." Then the host says, "And I am divorced if I do not slaughter for you." This is a mistake. The Prophet (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah or remain silent. من كان حالفاً فليحلف بالله أو ليصمت
Sahih al-Bukhari 2679
. As for divorce, what is the sin of the woman that you divorce her? And this is a great error.
Source alathar.net

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

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