Explanation of the author's statement: "The absolute term refers to the valid legal subject matter. Therefore, if one swears not to sell or not to marry, and then concludes a defective contract, he has not broken his oath."
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The Shaykh :"The absolute name refers to the valid legal subject matter. Therefore, if one swears not to sell or not to marry, and then concludes a defective contract, he has not broken his oath." Yes, that is right. This is a man who said, "By Allah, I will not sell, by Allah, I will not sell anything today," and then he went and sold intoxicants. Has he broken his oath or not?
The questioner : He has not broken his oath.
The Shaykh : Why has he not broken his oath?
The questioner : No.
The Shaykh : If we took "selling" in its linguistic meaning, he would have broken his oath, because this is a sale in the linguistic sense. This is a linguistic sale. But the legal meaning does not call this a sale because it is not valid and is not recognized by the Shari'ah. So, when the term is absolute, it is taken to mean what?
The questioner : The linguistic meaning.
The Shaykh : No, it is taken to mean the legal meaning, which is? The valid one.
The author (may Allah have mercy on him) said, "Legal, real, and customary. The legal meaning is one that has a subject matter in the Shari'ah and a subject matter in the language." For example, prayer, zakah, fasting, Hajj, faith, Islam, and the like. There are many such terms that have a subject matter in the Shari'ah and a subject matter in the language. This means it was established in the Shari'ah for one meaning and established in the language for another meaning that contradicts the Shari'ah. Do we take the linguistic meaning or the legal meaning? The author (may Allah have mercy on him) says that the legal meaning is taken, as long as it comes from a Muslim, the legal meaning is taken. This is because the legal meaning, when it became widespread among Muslims, became like the customary meaning. For example, wudu' in the language means cleanliness, while in the Shari'ah it means washing the four limbs in a specific manner as an act of worship for Allah (Mighty and Majestic). So if a person says, "By Allah, I will not perform wudu'," and then he goes to the bathroom and cleans his entire body, has he performed wudu' from the perspective of the Shari'ah or not? No, he has not broken his oath. Based on this, we say that when a term is used absolutely, the speech is taken to mean the legal meaning. What about prayer? A man said, "By Allah, I will not pray today," or "By Allah, I will not pray before the midday prayer." Then he supplicated, and it was said to him, "You have broken your oath," because prayer in the language means supplication. We say, no, he has not broken his oath, because prayer in the language means worshiping Allah.
The questioner : ... .
The Shaykh : What contradicts? What harms? What harms? Worshiping Allah (Mighty and Majestic) is one of the things that my brother 'Ali criticized. Worshiping Allah (Mighty and Majestic) with the known words and actions. And based on this, we say to this man, "You have not broken your oath, because the absolute term is taken to mean the legal meaning." Similarly, if he said, "By Allah, I will not sell anything," and then he rented out his car to a person, he has not broken his oath, because the rental fee is not a sale in the Shari'ah. Or if he sold smoke, this smoke, he has not broken his oath. Why? Ah?
The questioner : ... .
The Shaykh : Because this is not a legal sale, but rather a defective, invalid sale. Or if he sold intoxicants, he has not broken his oath. Or if he sold a fetus in the womb, then he...
The questioner : He has not broken his oath.
The Shaykh : Why has he not broken his oath?
The questioner : No.
The Shaykh : If we took "selling" in its linguistic meaning, he would have broken his oath, because this is a sale in the linguistic sense. This is a linguistic sale. But the legal meaning does not call this a sale because it is not valid and is not recognized by the Shari'ah. So, when the term is absolute, it is taken to mean what?
The questioner : The linguistic meaning.
The Shaykh : No, it is taken to mean the legal meaning, which is? The valid one.
The author (may Allah have mercy on him) said, "Legal, real, and customary. The legal meaning is one that has a subject matter in the Shari'ah and a subject matter in the language." For example, prayer, zakah, fasting, Hajj, faith, Islam, and the like. There are many such terms that have a subject matter in the Shari'ah and a subject matter in the language. This means it was established in the Shari'ah for one meaning and established in the language for another meaning that contradicts the Shari'ah. Do we take the linguistic meaning or the legal meaning? The author (may Allah have mercy on him) says that the legal meaning is taken, as long as it comes from a Muslim, the legal meaning is taken. This is because the legal meaning, when it became widespread among Muslims, became like the customary meaning. For example, wudu' in the language means cleanliness, while in the Shari'ah it means washing the four limbs in a specific manner as an act of worship for Allah (Mighty and Majestic). So if a person says, "By Allah, I will not perform wudu'," and then he goes to the bathroom and cleans his entire body, has he performed wudu' from the perspective of the Shari'ah or not? No, he has not broken his oath. Based on this, we say that when a term is used absolutely, the speech is taken to mean the legal meaning. What about prayer? A man said, "By Allah, I will not pray today," or "By Allah, I will not pray before the midday prayer." Then he supplicated, and it was said to him, "You have broken your oath," because prayer in the language means supplication. We say, no, he has not broken his oath, because prayer in the language means worshiping Allah.
The questioner : ... .
The Shaykh : What contradicts? What harms? What harms? Worshiping Allah (Mighty and Majestic) is one of the things that my brother 'Ali criticized. Worshiping Allah (Mighty and Majestic) with the known words and actions. And based on this, we say to this man, "You have not broken your oath, because the absolute term is taken to mean the legal meaning." Similarly, if he said, "By Allah, I will not sell anything," and then he rented out his car to a person, he has not broken his oath, because the rental fee is not a sale in the Shari'ah. Or if he sold smoke, this smoke, he has not broken his oath. Why? Ah?
The questioner : ... .
The Shaykh : Because this is not a legal sale, but rather a defective, invalid sale. Or if he sold intoxicants, he has not broken his oath. Or if he sold a fetus in the womb, then he...