From one who swore not to sell intoxicants, we said that if he sold, he would break his oath because the form of the contract exists. Is it the same if he swore regarding something impossible in the Shari'ah?
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The questioner : And this man said, "By Allah..."
The Shaykh : To his father, it is not for his brother, yes?
The questioner : ... .
The Shaykh : Because of the form of the contract.
The questioner : ... .
The Shaykh : Because the form of the contract exists.
The questioner : Yes.
The Shaykh : Yes.
The questioner : ... We tell him to expiate from his wealth.
The Shaykh : Ah, do you mean that if one swears regarding something impossible in the Shari'ah, it is like something impossible in reason?
The questioner : Yes.
The Shaykh : No, that is not correct. If that were the case, the saying of the MessengerSunan an-Nasa'i 3784Sahih (Darussalam) would not be valid. An oath may be made regarding a forbidden act. We say: Do not do the forbidden act, and expiate.
The questioner : Well, in that case...
The Shaykh : He swore and said, "By Allah, I will sell intoxicants." We say the oath is established, but do not sell intoxicants. It is forbidden for you to sell them, and you must expiate. But this man sold them. He said, "By Allah, I have an oath to sell intoxicants." He says, "If I sell it, I have broken my oath."
The questioner : In the form of the contract, it is invalid.
The Shaykh : In the form of the contract, there is a second opinion, as we mentioned before, that he does not break his oath, because this is not a sale in the Shari'ah. Even if its form is the form of a sale, it is not a sale, so he does not break his oath.
The questioner : Which is the stronger position?
The Shaykh : The school's position is that it is closer to the truth. Yes?
The Shaykh : To his father, it is not for his brother, yes?
The questioner : ... .
The Shaykh : Because of the form of the contract.
The questioner : ... .
The Shaykh : Because the form of the contract exists.
The questioner : Yes.
The Shaykh : Yes.
The questioner : ... We tell him to expiate from his wealth.
The Shaykh : Ah, do you mean that if one swears regarding something impossible in the Shari'ah, it is like something impossible in reason?
The questioner : Yes.
The Shaykh : No, that is not correct. If that were the case, the saying of the Messenger
If you swear an oath, then you see something better than it, then offer expiation for your oath, and do that which is better.
إذا حلفت على يمين فرأيت غيرها خيرا منها فكفّر عن يمينك وائت الذي هو خيرThe questioner : Well, in that case...
The Shaykh : He swore and said, "By Allah, I will sell intoxicants." We say the oath is established, but do not sell intoxicants. It is forbidden for you to sell them, and you must expiate. But this man sold them. He said, "By Allah, I have an oath to sell intoxicants." He says, "If I sell it, I have broken my oath."
The questioner : In the form of the contract, it is invalid.
The Shaykh : In the form of the contract, there is a second opinion, as we mentioned before, that he does not break his oath, because this is not a sale in the Shari'ah. Even if its form is the form of a sale, it is not a sale, so he does not break his oath.
The questioner : Which is the stronger position?
The Shaykh : The school's position is that it is closer to the truth. Yes?