Explanation of the author's statement: "Chapter on the Comprehensive Rulings of Oaths: In oaths, one refers to the intention of the one who swore, if the wording allows for it. If there is no intention, one refers to the cause of the oath."
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The Shaykh : Then the author (may Allah have mercy on him) said: "Chapter on the Comprehensive Rulings of Oaths", meaning the comprehensive rulings of oaths. This chapter is comprehensive regarding the rulings of oaths. "Oaths" is the plural of "oath," which is an oath of swearing. In this chapter, we investigate on what basis an oath is judged: is it based on custom, language, intention, the cause, or what else? A man swears and says, "Come, everyone, on what basis are you judging the oath?" There is an order to this. The author said: "In oaths, one refers to the intention of the one who swore, if the wording allows for it". Pay attention, to the intention of the one who swore. The evidence that one refers to the intention of the one who swore is the Book and the Sunnah. As for the Book, it is the saying of Allah the Exalted: [Al-Ma'idah 5:89] The indication from the verse is that if one refers to the intention in the essence of the oath, then referring to it in the intended meaning of the oath is even more appropriate. Is that clear, everyone?
The questioner : Clear.
The Shaykh : Is the indication from the Quran clear?[Al-Ma'idah 5:89] And the second verse is: If one refers to the intention in the essence of the oath—whether it is a valid oath or not—then referring to the intention in the intended meaning of the oath is even more appropriate, because the intended meaning of the oath is a description of the oath. This is from the Quran. Is the indication clear, if Allah wills?
The questioner : Clear.
The Shaykh : All right, from the Sunnah is the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 How great this hadith is! Sahih al-Bukhari 1 This is evidence that one refers to the intention of the one who swore. However, the author conditioned this on the wording allowing for it, meaning that this wording can be intended to mean what the one who swore intended. If it cannot, it is not accepted from him. If it cannot, it is not accepted from him, because this intention is contrary to the wording and opposes it, so it is not accepted.
An example of an intention that the wording allows for: if he said, "By Allah, I will not sleep tonight except on your bed," or "except on a soft bed." Condition: a soft bed. The man went out to... and he was given a bundle of straw and slept on it. We said, "Look, the dawn has broken and you are on this bundle of straw." We said to him, "Pay the expiation." He said, "I will not pay the expiation." Why? He said, "Because I intended by 'bed' the ground. I intended the ground by 'bed.'" Is this valid or not?
The questioner : ... .
The Shaykh : It is valid because the wording allows for[Al-Baqarah 2:22].
The questioner : ...soft.
The Shaykh : All right, it does not contradict. We said, "You told me 'soft.'" He said, "Yes." Which is softer, sand or stone? Hmm? Sand. So the wording allows for it or not? It allows for it. So we say, "You owe nothing."
The questioner : ...what comes to mind...
The Shaykh : Let us leave aside what comes to mind. As long as his intention is that, as long as the wording is suitable.
The questioner : ... .
The Shaykh : My brother, in speech, we refer to the intention above all else, as long as the wording allows for it. Yes, that is sufficient. This is one case: if he intends something that the wording does not allow for, it is not accepted. If he intends something that the wording does not allow for, it is not accepted. Yes. He said, "By Allah, I will not buy bread today," and he went to the baker, stood in front of him, and bought some. We said, "Look, pay the expiation for your oath." He said, "I meant by my saying 'By Allah, I will not buy bread today' that I will not talk to so-and-so." What do you say?
The questioner : ... .
The Shaykh : Is this valid or not? Why?
The questioner : ... .
The Shaykh : This is not valid. It is not a metaphor for humans or jinn, or... The wording does not allow for it at all. "I will not buy bread" means "I will not talk to so-and-so"? What is this? There is no connection. "Buy" does not work. All right, so this is not valid. Why? Hmm?
The questioner : ... .
The Shaykh : Because the wording does not allow for it. He said, "By Allah, I will sleep on a peg tonight." Glory be to Allah, on a peg? A stick pierced in a wall?
The questioner : ... .
The Shaykh : He said, "Yes," and he went to a mountain and spent the night on it.
The questioner : Correct.
The Shaykh : We said to him, "Pay the expiation, my brother. We did not see you sleeping on a peg." He said, "I meant by the peg, hmm?"
The questioner : The mountain.
The Shaykh : The mountain, correct?
The questioner : Correct.
The Shaykh : The wording allows for it.
The questioner : Yes.
The Shaykh : All right, so praise be to Allah. You have understood now.
The questioner : ... .
The Shaykh : Huh? How?
The questioner : ... .
The Shaykh : In any case, we say that one refers to his intention, on the condition that the wording allows for it. Let us see if the brother can provide us with an example as well?
Except under the roof. Then the man went out to the open field, placed his bed, and slept, with nothing above him but the sky.
The questioner : ... .
The Shaykh : We said, "Leave it for now. You asked this later." No, it was said to him, "You must pay the expiation because you did not sleep under the roof." He said, "I intended the sky." Is this correct?
The questioner : Yes.
The Shaykh : Due to the saying of Allah the Exalted:[Al-Anbya 21:32].
The questioner : ... .
The Shaykh : Yes?
The questioner : He said, "By Allah..."
The Shaykh : Yes, good.
The questioner : ... .
The Shaykh : Yes, that is right. It does not contradict. The important thing is that the wording allows for it. Yes. Or he was asked, "Why did you not pray?" He said, "By Allah, I am praying." We never saw you. He said, "By Allah, I am praying," and said, "I intended supplication." We say, "His wording allows for the intention, so one refers to it." So take this first rank: "If the intention is absent, one refers to the cause of the oath and what provoked it". "Provoked it" means stirred it up. It is an explanatory apposition to what came before, meaning if he has no intention, we refer to the cause of the oath. Look at the cause that made him swear, and we attribute the oath to it. An example of that is a man who was told, "Your son is keeping company with the wicked." He said, "By Allah, I will not talk to him as long as I live." Look, based on what?
The questioner : Keeping company with the wicked.
The Shaykh : Based on the fact that he is keeping company with the wicked. So a man came to him and said, "Why are you not talking to your son?" He said, "He is keeping company with the wicked." Who are his companions? He said, "So-and-so and so-and-so." He said, "Those are very good people, among the best of the youth." Are you sure? He said, "Yes." He said, "So-and-so told me that they are wicked." He said, "Yes, they are wicked in his eyes because they are good and he is wicked, and the wicked see the good as wicked." If his father talks to him in this situation, does he owe the expiation?
The questioner : No.
The Shaykh : Why? Hmm?
The questioner : ... .
The Shaykh : His intention is known because the cause of the oath is that his son is keeping company with the wicked. So it is as if—pay attention—as if this one who swore said, "If my son is keeping company with the wicked, I will not talk to him." And although he did not state this condition with his words, he implied it in his heart, or not?
The questioner : Yes.
The Shaykh : All right, he wanted to travel. Yes, he was told, "Come with us, we want to travel to a certain country." He said, "That specific country?" They said, "Yes." He said, "By Allah, I will not travel to it." Why? Because he knew that it is a country where intoxicants are drunk, Allah the Mighty and Majestic is disobeyed openly, and judgment is not made by what Allah has revealed.
The questioner : ... .
The Shaykh : And judgment is not made by what Allah has revealed, correct?
The questioner : Yes.
The Shaykh : All right, so he was asked, "Why?" He said, "Because there is such and such and such and such." No, the ruling has changed. A believing, righteous man took over, removed the injustice, and ruled by the Shari'ah of Allah, and the open sinners disappeared. What do we say?
The questioner : ... .
The Shaykh : If he travels to it, does he owe the expiation?
The questioner : ... .
The Shaykh : No, because we know that the cause of his oath is this affliction in this country. So when he said, "By Allah, I will not travel," it is as if he is saying, "By Allah, I will not travel as long as it is like that." Now this matter has ceased, so he may travel. Yes?
but He will impose blame upon you for [breaking] what you intended of oaths
ولكن يؤاخذكم بما عقّدتم الأيمانThe questioner : Clear.
The Shaykh : Is the indication from the Quran clear?
but He will impose blame upon you for [breaking] what you intended of oaths
ولكن يؤاخذكم بما عقدتم الأيمانBy what your hearts have earned
بما كسبتم قلوبكمThe questioner : Clear.
The Shaykh : All right, from the Sunnah is the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىand every person will get the reward according to what he has intended
وإنما لكل امرئ ما نوىAn example of an intention that the wording allows for: if he said, "By Allah, I will not sleep tonight except on your bed," or "except on a soft bed." Condition: a soft bed. The man went out to... and he was given a bundle of straw and slept on it. We said, "Look, the dawn has broken and you are on this bundle of straw." We said to him, "Pay the expiation." He said, "I will not pay the expiation." Why? He said, "Because I intended by 'bed' the ground. I intended the ground by 'bed.'" Is this valid or not?
The questioner : ... .
The Shaykh : It is valid because the wording allows for
[He] who made for you the earth a bed
الذي جعل لكم الأرض فراشاThe questioner : ...soft.
The Shaykh : All right, it does not contradict. We said, "You told me 'soft.'" He said, "Yes." Which is softer, sand or stone? Hmm? Sand. So the wording allows for it or not? It allows for it. So we say, "You owe nothing."
The questioner : ...what comes to mind...
The Shaykh : Let us leave aside what comes to mind. As long as his intention is that, as long as the wording is suitable.
The questioner : ... .
The Shaykh : My brother, in speech, we refer to the intention above all else, as long as the wording allows for it. Yes, that is sufficient. This is one case: if he intends something that the wording does not allow for, it is not accepted. If he intends something that the wording does not allow for, it is not accepted. Yes. He said, "By Allah, I will not buy bread today," and he went to the baker, stood in front of him, and bought some. We said, "Look, pay the expiation for your oath." He said, "I meant by my saying 'By Allah, I will not buy bread today' that I will not talk to so-and-so." What do you say?
The questioner : ... .
The Shaykh : Is this valid or not? Why?
The questioner : ... .
The Shaykh : This is not valid. It is not a metaphor for humans or jinn, or... The wording does not allow for it at all. "I will not buy bread" means "I will not talk to so-and-so"? What is this? There is no connection. "Buy" does not work. All right, so this is not valid. Why? Hmm?
The questioner : ... .
The Shaykh : Because the wording does not allow for it. He said, "By Allah, I will sleep on a peg tonight." Glory be to Allah, on a peg? A stick pierced in a wall?
The questioner : ... .
The Shaykh : He said, "Yes," and he went to a mountain and spent the night on it.
The questioner : Correct.
The Shaykh : We said to him, "Pay the expiation, my brother. We did not see you sleeping on a peg." He said, "I meant by the peg, hmm?"
The questioner : The mountain.
The Shaykh : The mountain, correct?
The questioner : Correct.
The Shaykh : The wording allows for it.
The questioner : Yes.
The Shaykh : All right, so praise be to Allah. You have understood now.
The questioner : ... .
The Shaykh : Huh? How?
The questioner : ... .
The Shaykh : In any case, we say that one refers to his intention, on the condition that the wording allows for it. Let us see if the brother can provide us with an example as well?
Except under the roof. Then the man went out to the open field, placed his bed, and slept, with nothing above him but the sky.
The questioner : ... .
The Shaykh : We said, "Leave it for now. You asked this later." No, it was said to him, "You must pay the expiation because you did not sleep under the roof." He said, "I intended the sky." Is this correct?
The questioner : Yes.
The Shaykh : Due to the saying of Allah the Exalted:
And We made the sky a protected ceiling
وجعلنا السماء سقفا محفوظاThe questioner : ... .
The Shaykh : Yes?
The questioner : He said, "By Allah..."
The Shaykh : Yes, good.
The questioner : ... .
The Shaykh : Yes, that is right. It does not contradict. The important thing is that the wording allows for it. Yes. Or he was asked, "Why did you not pray?" He said, "By Allah, I am praying." We never saw you. He said, "By Allah, I am praying," and said, "I intended supplication." We say, "His wording allows for the intention, so one refers to it." So take this first rank: "If the intention is absent, one refers to the cause of the oath and what provoked it". "Provoked it" means stirred it up. It is an explanatory apposition to what came before, meaning if he has no intention, we refer to the cause of the oath. Look at the cause that made him swear, and we attribute the oath to it. An example of that is a man who was told, "Your son is keeping company with the wicked." He said, "By Allah, I will not talk to him as long as I live." Look, based on what?
The questioner : Keeping company with the wicked.
The Shaykh : Based on the fact that he is keeping company with the wicked. So a man came to him and said, "Why are you not talking to your son?" He said, "He is keeping company with the wicked." Who are his companions? He said, "So-and-so and so-and-so." He said, "Those are very good people, among the best of the youth." Are you sure? He said, "Yes." He said, "So-and-so told me that they are wicked." He said, "Yes, they are wicked in his eyes because they are good and he is wicked, and the wicked see the good as wicked." If his father talks to him in this situation, does he owe the expiation?
The questioner : No.
The Shaykh : Why? Hmm?
The questioner : ... .
The Shaykh : His intention is known because the cause of the oath is that his son is keeping company with the wicked. So it is as if—pay attention—as if this one who swore said, "If my son is keeping company with the wicked, I will not talk to him." And although he did not state this condition with his words, he implied it in his heart, or not?
The questioner : Yes.
The Shaykh : All right, he wanted to travel. Yes, he was told, "Come with us, we want to travel to a certain country." He said, "That specific country?" They said, "Yes." He said, "By Allah, I will not travel to it." Why? Because he knew that it is a country where intoxicants are drunk, Allah the Mighty and Majestic is disobeyed openly, and judgment is not made by what Allah has revealed.
The questioner : ... .
The Shaykh : And judgment is not made by what Allah has revealed, correct?
The questioner : Yes.
The Shaykh : All right, so he was asked, "Why?" He said, "Because there is such and such and such and such." No, the ruling has changed. A believing, righteous man took over, removed the injustice, and ruled by the Shari'ah of Allah, and the open sinners disappeared. What do we say?
The questioner : ... .
The Shaykh : If he travels to it, does he owe the expiation?
The questioner : ... .
The Shaykh : No, because we know that the cause of his oath is this affliction in this country. So when he said, "By Allah, I will not travel," it is as if he is saying, "By Allah, I will not travel as long as it is like that." Now this matter has ceased, so he may travel. Yes?