Explanation of the author's statement: "And as for the one who does not refrain from an oath by a ruler or anyone else, if he does it, he breaks the oath absolutely."
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The Shaykh : He said "And as for the one who does not refrain from an oath, he breaks the oath absolutely", meaning he swore regarding a person who does not refrain because of his oath, does not care about his oath, and does not try to please him by being good to him because of his oath. If the person swore about does the thing he swore against, he breaks the oath absolutely, absolutely. And what does "absolutely" mean? The scholars say that when "absolutely" is said, its meaning is understood from what came before or what followed. Here, we understand it from what came before, meaning he breaks the oath absolutely in the oath. And what comes after?
The questioner : ... .
The Shaykh : Divorce and freeing a slave, whether knowing or ignorant, remembering or forgetting, and there is no difference. The author spoke about whether he was knowing or ignorant. An example of that is: a man came to the market and saw a man carrying a bundle of fodder on his head, yes. He said, "By Allah, you will not carry it." In the market, he is a stranger to him; he does not know him, and he does not know him. Each of them does not know the other. He said, "By Allah, you will not carry it." Then the person he swore about forgot and carried it, did he?
The questioner : He breaks his oath.
The Shaykh : Does he break the oath?
The questioner : He breaks his oath.
The Shaykh : The one who swore breaks the oath. How does he break it? He was forgetting. We say because the original ruling is that he has no right to compel him. This one who swore has no right to compel this one he swore about, so the oath is in the position of a pure condition. The oath here is in the position of a pure condition, so whenever the conditioned thing is found, the condition is found, or if you wish, say whenever the condition is found, the conditioned thing is found, because the reality of the matter is that the oath resembles a condition. So if he said to him, "By Allah, you will not carry it," and he is one who does not refrain because of his oath and does not care about it, and he carried it while forgetting, we say you have broken the oath. Expiation. Why? Because you have no right to compel him, so your oath became in the position of a pure condition. So when the condition was found, which is his carrying this fodder that you swore about, the conditioned thing was found, which is the expiation.
No, and the apparent wording of the author is that he breaks the oath absolutely, whether he intended to compel him or intended to honor him. Sometimes he intends to honor him; he comes to carry it for him and says, "By Allah, you will not carry it, I am the one who will carry it," yes. His intention is honor. So if the one he swore about carried it, he breaks the oath according to the madhhab, even if he intended honor. And Shaykh al-Islam Ibn Taymiyyah chose that if he intended honor, he does not break the oath by the contradiction, based on the fact that breaking the oath is based on breaking the ruling. And if honor is intended and the contradiction occurs, the one who contradicts is not considered a sinner. Is the speech understood or not understood?
The questioner : ... .
The Shaykh : Did you? Understood?
The questioner : ... .
The Shaykh : Okay, not understood, it does not contradict. I said to this man when I saw him wanting to carry the load on his head, "By Allah, do not carry it," my intention was to compel him not to carry it, and he carried it. Do I break the oath or not?
The questioner : Yes.
The Shaykh : I break the oath, it is clear, because when I swore, I intended to compel him not to carry it. Okay, I said to this man when I saw him wanting to carry on his head, "By Allah, do not carry it," I wanted to honor him by not carrying this thing, but he carried it. Does he break the oath or not?
The questioner : ... .
The Shaykh : According to the madhhab, he breaks the oath. The one who swore breaks the oath. Why? Because the one he swore about, did he? Contradicted him, did the thing he swore about. Okay, Shaykh al-Islam Ibn Taymiyyah sees that the one who swore does not break the oath in this case if he intended honor. Why? He said because he did not intend to compel him, but intended to honor and respect him, and this occurred merely by the oath, because his oath not to carry it was an honor to him, and it occurred and became apparent. He said, and because the original basis of breaking the oath is based on contradiction in the ruling, so just as one who contradicts in the chapter of honor is not a sinner, one who contradicts in honor in an oath is not one who breaks the oath. And he provided evidence for this that the Prophet (peace and blessings be upon him), when he ordered Abu Bakr when he came and he was praying with the people and he wanted to delay, ordered him to stay, but he delayed. Was Abu Bakr a sinner in this state? No, he did not sin. He did not want to disobey the Messenger (peace and blessings be upon him), but he wanted to exalt the Prophet (peace and blessings be upon him).
... and if he did it while forgetting or ignorant, he breaks the oath in divorce and freeing a slave only, and I think we spoke about this?
The questioner : ... .
The Shaykh : And as for the one who does not refrain from an oath by a ruler or anyone else, if he does it, he breaks the oath absolutely, meaning if a person swears about a person, in the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds.
The questioner : ... .
The Shaykh : Divorce and freeing a slave, whether knowing or ignorant, remembering or forgetting, and there is no difference. The author spoke about whether he was knowing or ignorant. An example of that is: a man came to the market and saw a man carrying a bundle of fodder on his head, yes. He said, "By Allah, you will not carry it." In the market, he is a stranger to him; he does not know him, and he does not know him. Each of them does not know the other. He said, "By Allah, you will not carry it." Then the person he swore about forgot and carried it, did he?
The questioner : He breaks his oath.
The Shaykh : Does he break the oath?
The questioner : He breaks his oath.
The Shaykh : The one who swore breaks the oath. How does he break it? He was forgetting. We say because the original ruling is that he has no right to compel him. This one who swore has no right to compel this one he swore about, so the oath is in the position of a pure condition. The oath here is in the position of a pure condition, so whenever the conditioned thing is found, the condition is found, or if you wish, say whenever the condition is found, the conditioned thing is found, because the reality of the matter is that the oath resembles a condition. So if he said to him, "By Allah, you will not carry it," and he is one who does not refrain because of his oath and does not care about it, and he carried it while forgetting, we say you have broken the oath. Expiation. Why? Because you have no right to compel him, so your oath became in the position of a pure condition. So when the condition was found, which is his carrying this fodder that you swore about, the conditioned thing was found, which is the expiation.
No, and the apparent wording of the author is that he breaks the oath absolutely, whether he intended to compel him or intended to honor him. Sometimes he intends to honor him; he comes to carry it for him and says, "By Allah, you will not carry it, I am the one who will carry it," yes. His intention is honor. So if the one he swore about carried it, he breaks the oath according to the madhhab, even if he intended honor. And Shaykh al-Islam Ibn Taymiyyah chose that if he intended honor, he does not break the oath by the contradiction, based on the fact that breaking the oath is based on breaking the ruling. And if honor is intended and the contradiction occurs, the one who contradicts is not considered a sinner. Is the speech understood or not understood?
The questioner : ... .
The Shaykh : Did you? Understood?
The questioner : ... .
The Shaykh : Okay, not understood, it does not contradict. I said to this man when I saw him wanting to carry the load on his head, "By Allah, do not carry it," my intention was to compel him not to carry it, and he carried it. Do I break the oath or not?
The questioner : Yes.
The Shaykh : I break the oath, it is clear, because when I swore, I intended to compel him not to carry it. Okay, I said to this man when I saw him wanting to carry on his head, "By Allah, do not carry it," I wanted to honor him by not carrying this thing, but he carried it. Does he break the oath or not?
The questioner : ... .
The Shaykh : According to the madhhab, he breaks the oath. The one who swore breaks the oath. Why? Because the one he swore about, did he? Contradicted him, did the thing he swore about. Okay, Shaykh al-Islam Ibn Taymiyyah sees that the one who swore does not break the oath in this case if he intended honor. Why? He said because he did not intend to compel him, but intended to honor and respect him, and this occurred merely by the oath, because his oath not to carry it was an honor to him, and it occurred and became apparent. He said, and because the original basis of breaking the oath is based on contradiction in the ruling, so just as one who contradicts in the chapter of honor is not a sinner, one who contradicts in honor in an oath is not one who breaks the oath. And he provided evidence for this that the Prophet (peace and blessings be upon him), when he ordered Abu Bakr when he came and he was praying with the people and he wanted to delay, ordered him to stay, but he delayed. Was Abu Bakr a sinner in this state? No, he did not sin. He did not want to disobey the Messenger (peace and blessings be upon him), but he wanted to exalt the Prophet (peace and blessings be upon him).
... and if he did it while forgetting or ignorant, he breaks the oath in divorce and freeing a slave only, and I think we spoke about this?
The questioner : ... .
The Shaykh : And as for the one who does not refrain from an oath by a ruler or anyone else, if he does it, he breaks the oath absolutely, meaning if a person swears about a person, in the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds.