What is the ruling on one who says, "By Allah, I will fast," and then becomes fasting? Does he commit disbelief?
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The Shaykh : ...
The student : Shaykh?
The Shaykh : Yes.
The student: ...
The Shaykh : How?
The student: ...
The Shaykh : Yes, it was established that it must be preceded by something, meaning a present-tense verb never comes affirmed and emphasized unless preceded by an affirmed oath. This is why they said regarding the saying of Allah the Exalted: "You do not cease," yes.
The student: There is an implied meaning in it.
The Shaykh : Yes, indeed.
The student: ...
The Shaykh : Yes, the implied meaning is: "You do not cease to remember Yusuf," the negation "la" is implied.
The questioner : ...
The Shaykh : ... The negator is affirmed if "la" is what comes after?
The student: Before the present-tense verb.
The Shaykh : Before the present-tense verb ... and the negator is omitted with three conditions: If "la" is what?
The student: Before the present-tense verb in the oath.
The Shaykh : Okay, this man said: "By Allah, I will fast," "By Allah, I will fast," and he became fasting, he became fasting, what do you say?
The student: According to his intention.
The Shaykh : Does he owe an expiation or not? We did not specify his intention, we go by the words, he said: "By Allah, I will fast"?
The student: He owes an expiation.
The Shaykh : Yes, "By Allah, I will fast."
The student: We say it is implied as "By Allah, I will not fast."
The Shaykh : "By Allah, I will not fast," and for this reason Abu Hanifa (may Allah have mercy on him), based on this grammatical rule, said: If a person says "By Allah, I will fast" and then fasts, he owes the expiation of an oath because he broke his oath, yes, because it became a present-tense verb, and when the present-tense verb comes affirmed, yes, after the oath and without the emphatic nun, you imply "la," you say "By Allah, I will fast," this is one who says to you "By Allah, I will fast" and then becomes fasting, we told him: he owes the expiation of an oath.
The student: This is not possible, O Shaykh.
The Shaykh : Why? Because the original "By Allah" does not make the speech linguistically sound except on the assumption of "la," but the other jurists said: No, if he says "By Allah, I will fast" and then fasts, he owes nothing, because oaths refer to what?
The student: To custom.
The Shaykh : To custom, and the custom among people for "By Allah, I will fast," what is the meaning?
The student: He intends to fast.
The Shaykh : He intends to fast, yes, correct.
The student: It is possible for one to swear and emphasize his oath.
The Shaykh : ...
The student : Shaykh?
The Shaykh : Yes.
The student: ...
The Shaykh : How?
The student: ...
The Shaykh : Yes, it was established that it must be preceded by something, meaning a present-tense verb never comes affirmed and emphasized unless preceded by an affirmed oath. This is why they said regarding the saying of Allah the Exalted:
By Allah, you do not cease to remember Yusuf
تالله تفتؤ تذكر يوسفBy Allah, you do not cease
تالله تفتؤThe student: There is an implied meaning in it.
The Shaykh : Yes, indeed.
The student: ...
The Shaykh : Yes, the implied meaning is: "You do not cease to remember Yusuf," the negation "la" is implied.
The questioner : ...
The Shaykh : ... The negator is affirmed if "la" is what comes after?
The student: Before the present-tense verb.
The Shaykh : Before the present-tense verb ... and the negator is omitted with three conditions: If "la" is what?
The student: Before the present-tense verb in the oath.
The Shaykh : Okay, this man said: "By Allah, I will fast," "By Allah, I will fast," and he became fasting, he became fasting, what do you say?
The student: According to his intention.
The Shaykh : Does he owe an expiation or not? We did not specify his intention, we go by the words, he said: "By Allah, I will fast"?
The student: He owes an expiation.
The Shaykh : Yes, "By Allah, I will fast."
The student: We say it is implied as "By Allah, I will not fast."
The Shaykh : "By Allah, I will not fast," and for this reason Abu Hanifa (may Allah have mercy on him), based on this grammatical rule, said: If a person says "By Allah, I will fast" and then fasts, he owes the expiation of an oath because he broke his oath, yes, because it became a present-tense verb, and when the present-tense verb comes affirmed, yes, after the oath and without the emphatic nun, you imply "la," you say "By Allah, I will fast," this is one who says to you "By Allah, I will fast" and then becomes fasting, we told him: he owes the expiation of an oath.
The student: This is not possible, O Shaykh.
The Shaykh : Why? Because the original "By Allah" does not make the speech linguistically sound except on the assumption of "la," but the other jurists said: No, if he says "By Allah, I will fast" and then fasts, he owes nothing, because oaths refer to what?
The student: To custom.
The Shaykh : To custom, and the custom among people for "By Allah, I will fast," what is the meaning?
The student: He intends to fast.
The Shaykh : He intends to fast, yes, correct.
The student: It is possible for one to swear and emphasize his oath.
The Shaykh : ...