Explanation of the author's statement: "And if he swears not to speak to a person, he breaks his oath by speaking to any person; and if he swears not to do anything, then anyone who does it on his behalf breaks his oath, unless he intends to do it himself."
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The Shaykh :"If he swears not to speak to a person, he breaks his oath by speaking to any person". We see that the generality here refers to the person or to the speech. Does the meaning refer to speaking to any person? Does the meaning refer to any speech of a person, or to speaking to any person?
The questioner : The first.
The Shaykh : The first one, this is what they intend, because he said "I will not speak to a person"; there is no need to say "any person," unless he intends to clarify that "a person" here is an indefinite noun in a context of negation, which makes it comprehensive. In any case, if he says, "By Allah, I will not speak to a person," he breaks his oath with anything that is called speech. Anything that is called speech breaks the oath. It is the same whether he speaks to an old man or a young man, a male or a female, a free man or a slave; any person. If he says, "O so-and-so," does he break his oath?
The questioner : ... .
The Shaykh : "O so-and-so." Okay. If he says "So-and-so, so-and-so," does he break his oath? He says, "Does he break his oath?" Right?
The questioner : ... .
The Shaykh : Does he break his oath?
The questioner : It is a command verb.
The Shaykh : It is a command verb from the root *waqaya* (to protect), right? He said, "Baf."
The questioner : He does not break his oath.
The Shaykh : Why?
The questioner : It is not speech.
The Shaykh : This is not speech. Therefore, if he did this in prayer, his prayer would not be invalidated. And the Messenger (peace and blessings be upon him) said:Sahih Muslim 537a And the Messenger (peace and blessings be upon him) used to clear his throat for 'Ali ibn Abi Talib when he came to him. Okay, he gestured, right? Does he not break his oath?
The questioner : He does not break his oath.
The Shaykh : He said, "By Allah, I will not speak to so-and-so."
The questioner : ... .
The Shaykh : He said, "By Allah, I will not speak to so-and-so." This is the oath. Then so-and-so came and asked him, "Where is Zayd?"
The questioner : He does not break his oath.
The Shaykh : He does not break his oath? Why?
The questioner : ... .
The Shaykh : Yes, that is correct, because this is not speech. Therefore, the author says "by speech," and I told you that the meaning of "any person's speech" is any person. Okay, if he said to him, "Get away from me," and he approached him, and he said, "Get away from me," does he break his oath? Good, okay.
"And if he swears not to do anything, then anyone who does it on his behalf breaks his oath". Yes, because the agent stands in the place of the principal, as evidenced by the fact that the Prophet (peace and blessings be upon him) appointed 'Ali ibn Abi Talib to slaughter the camels he had donated. So if he said, "By Allah, I will not sell my house," and he swore, "By Allah, I will not sell my house," and then appointed someone to sell the house, what do you say? He breaks his oath, because the agent stands in the place of the principal. If he said, "By Allah, I will not slaughter my camel," and appointed a person to slaughter it, he breaks his oath, right? If he said, "By Allah, I will not ride the car," and appointed a person to ride it.
The questioner : No.
The Shaykh : Why?
The questioner : ... .
The Shaykh : Right, because this is not an action, unless his intention was, "By Allah, I will not ride the car to visit so-and-so," and he appointed a person to ride it to visit so-and-so. In this case, he breaks his oath. Okay.
The author says: "Unless he intends to do it himself". He said, "By Allah, I will not sell my house," intending that he will not personally conduct the sale. In this case, if he appoints someone to sell it, he does not break his oath, because the intention is prior, as mentioned earlier. The intention is prior, as long as he says, "I intended by my saying 'By Allah, I will not sell my house' that I will not personally conduct the sale." We say, "You and what you intended." But someone might ask, "What is the benefit of this? If he says he intended not to personally conduct the sale, does he have a purpose?" We say, "Yes, he may have a purpose. For example, he sees that if he sells it himself, some people might be lax in paying the full price. If he is the one who sells it... this is a good man, as Allah has provided for us, he would pay him in full. But if someone else sells it, he might press him and say, 'Give me the value,' right? Similarly, if he said, "By Allah, I will not buy so-and-so's car," and appointed someone to buy it, and said, "I intended not to personally conduct the purchase," we say that in this case he does not break his oath. If someone asks, "What is his purpose?" We say, "His purpose is that he fears that if he goes to so-and-so and says, 'Sell your car to me,' he will say, 'Take it without payment,' or that it is worth ten and he will say, 'I will sell it to you for eight,' for example. But if it comes through another channel, the seller will collect the full price. The important point is: if he swears not to do something and appoints someone to do it, he breaks his oath, unless he intends to do it himself. Okay.
He said, "By Allah, I will not pray the Dhuha prayer of two rak'ahs," and then appointed a person to pray it on his behalf?
The questioner : ... .
The Shaykh : Is it correct?
The questioner : ... .
The Shaykh : Right, we say the agency is not valid, right? And if this man prays it on his behalf, he does not break his oath, because he does not benefit from this prayer in any way.
The questioner : The first.
The Shaykh : The first one, this is what they intend, because he said "I will not speak to a person"; there is no need to say "any person," unless he intends to clarify that "a person" here is an indefinite noun in a context of negation, which makes it comprehensive. In any case, if he says, "By Allah, I will not speak to a person," he breaks his oath with anything that is called speech. Anything that is called speech breaks the oath. It is the same whether he speaks to an old man or a young man, a male or a female, a free man or a slave; any person. If he says, "O so-and-so," does he break his oath?
The questioner : ... .
The Shaykh : "O so-and-so." Okay. If he says "So-and-so, so-and-so," does he break his oath? He says, "Does he break his oath?" Right?
The questioner : ... .
The Shaykh : Does he break his oath?
The questioner : It is a command verb.
The Shaykh : It is a command verb from the root *waqaya* (to protect), right? He said, "Baf."
The questioner : He does not break his oath.
The Shaykh : Why?
The questioner : It is not speech.
The Shaykh : This is not speech. Therefore, if he did this in prayer, his prayer would not be invalidated. And the Messenger (peace and blessings be upon him) said:
Talking to persons is not fitting during the prayer
إن هذه الصلاة لا يصلح فيها شيء من كلام الناسThe questioner : He does not break his oath.
The Shaykh : He said, "By Allah, I will not speak to so-and-so."
The questioner : ... .
The Shaykh : He said, "By Allah, I will not speak to so-and-so." This is the oath. Then so-and-so came and asked him, "Where is Zayd?"
The questioner : He does not break his oath.
The Shaykh : He does not break his oath? Why?
The questioner : ... .
The Shaykh : Yes, that is correct, because this is not speech. Therefore, the author says "by speech," and I told you that the meaning of "any person's speech" is any person. Okay, if he said to him, "Get away from me," and he approached him, and he said, "Get away from me," does he break his oath? Good, okay.
"And if he swears not to do anything, then anyone who does it on his behalf breaks his oath". Yes, because the agent stands in the place of the principal, as evidenced by the fact that the Prophet (peace and blessings be upon him) appointed 'Ali ibn Abi Talib to slaughter the camels he had donated. So if he said, "By Allah, I will not sell my house," and he swore, "By Allah, I will not sell my house," and then appointed someone to sell the house, what do you say? He breaks his oath, because the agent stands in the place of the principal. If he said, "By Allah, I will not slaughter my camel," and appointed a person to slaughter it, he breaks his oath, right? If he said, "By Allah, I will not ride the car," and appointed a person to ride it.
The questioner : No.
The Shaykh : Why?
The questioner : ... .
The Shaykh : Right, because this is not an action, unless his intention was, "By Allah, I will not ride the car to visit so-and-so," and he appointed a person to ride it to visit so-and-so. In this case, he breaks his oath. Okay.
The author says: "Unless he intends to do it himself". He said, "By Allah, I will not sell my house," intending that he will not personally conduct the sale. In this case, if he appoints someone to sell it, he does not break his oath, because the intention is prior, as mentioned earlier. The intention is prior, as long as he says, "I intended by my saying 'By Allah, I will not sell my house' that I will not personally conduct the sale." We say, "You and what you intended." But someone might ask, "What is the benefit of this? If he says he intended not to personally conduct the sale, does he have a purpose?" We say, "Yes, he may have a purpose. For example, he sees that if he sells it himself, some people might be lax in paying the full price. If he is the one who sells it... this is a good man, as Allah has provided for us, he would pay him in full. But if someone else sells it, he might press him and say, 'Give me the value,' right? Similarly, if he said, "By Allah, I will not buy so-and-so's car," and appointed someone to buy it, and said, "I intended not to personally conduct the purchase," we say that in this case he does not break his oath. If someone asks, "What is his purpose?" We say, "His purpose is that he fears that if he goes to so-and-so and says, 'Sell your car to me,' he will say, 'Take it without payment,' or that it is worth ten and he will say, 'I will sell it to you for eight,' for example. But if it comes through another channel, the seller will collect the full price. The important point is: if he swears not to do something and appoints someone to do it, he breaks his oath, unless he intends to do it himself. Okay.
He said, "By Allah, I will not pray the Dhuha prayer of two rak'ahs," and then appointed a person to pray it on his behalf?
The questioner : ... .
The Shaykh : Is it correct?
The questioner : ... .
The Shaykh : Right, we say the agency is not valid, right? And if this man prays it on his behalf, he does not break his oath, because he does not benefit from this prayer in any way.