What is the oath of immersion? Does it have an expiation?
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Question:
From Sousse, the Tunisian Republic, the questioner and his companions say in this question: Your Eminence, the Shaykh, what is the oath of immersion? And is there an expiation for the oath of immersion if that is the case?
Answer:
The oath of immersion is the false oath by which a person cuts off the right of his brother without right. This is the false oath of immersion, and it is the one about which the Prophet (peace and blessings be upon him) said: In the other wording: Sahih Muslim 139b.
So the one who falsely swears that he bought such a thing, or that he was given such a thing, or the like of that, and he is lying, this is the sinful, immersing oath to take his brother's money without right. Or he swears that he did not do such an act of aggression against his brother, or that he did not insult him, or the like of that, and he is lying. This is the oath of immersion, by which he cuts off the right of his brother without right.
And every false oath is an oath of immersion, but it differs in magnitude and greatness according to the injustice and evil that results from it. There is no expiation for it; in it is the great punishment and the severe warning. So if he says, "By Allah, I did not travel," and he is lying, it is a false oath of immersion, and he sins by it, but it is not like the one who says, "By Allah, I did not take anything from him," when he has taken something from him; because this is taking his brother's money without right. It is as if a person claims against him, saying, "He borrowed a thousand riyals from me," and he swears, saying, "I did not borrow from him," and the lender has no proof, and the borrower is lying, saying, "By Allah, I did not borrow from him." This is the oath of immersion; because he took his brother's money without right by it. Or he lent him a loan, such as a weapon or a cloak, or a vessel, and then he denies it and swears that he did not borrow it. This is the oath of immersion; because he took his brother's money without right by this oath. Or he sold something to his brother and then denied the sale, and there is no proof, there is no proof with the buyer, so he swears, "I did not sell it to him." This is the great, dangerous oath of immersion; because he took his brother's money without right, and denied his brother's right without right. And so on with the like of that. And the oath of immersion, as mentioned, is the false one, but it differs and varies greatly according to the evil that results from it. Yes.
The presenter: May Allah reward you, O Shaykh.
From Sousse, the Tunisian Republic, the questioner and his companions say in this question: Your Eminence, the Shaykh, what is the oath of immersion? And is there an expiation for the oath of immersion if that is the case?
Answer:
The oath of immersion is the false oath by which a person cuts off the right of his brother without right. This is the false oath of immersion, and it is the one about which the Prophet (peace and blessings be upon him) said:
Whoever swears an oath to cut off the money of a Muslim man without right, Allah has made Hell obligatory for him and forbidden Paradise for him.
من حلف على يمين ليقتطع بها مال امرئ مسلم بغير حق، فقد أوجب الله له النار، وحرم عليه الجنةWa'il reported it on the authority of his father Hujr: I was with the Messenger of Allah (ﷺ) that two men came there disputing over a piece of land. One of them said: Messenger of Allah, this man appropriated my land without justification in the days of ignorance. The (claimant) was Imru'l-Qais b. 'Abis al-Kindi and his opponent was Rabi'a b. 'Iban He (the Holy Prophet) said (to the claimant): Have you evidence (to substantiate your claim)? He replied: I have no evidence. Upon this he (the Messenger of Allah) remarked: Then his (that is of the defendant) is the oath. He (the claimant) said: In this case he (the defendant) would appropriate this (the property). He (the Holy Prophet) said: There is than no other way left for you but this. He (the narrator) said: When he (the defendant) stood up to take oath, the Messenger of Allah (ﷺ) said: He who appropriated the land wrongfully would meet Allah in a state that He would be angry with him. Ishaq in his narration mentions Rabi'a b. 'Aidan (instead of Rabi'a b. 'Ibdan).
لقي الله وهو عليه غضبانSo the one who falsely swears that he bought such a thing, or that he was given such a thing, or the like of that, and he is lying, this is the sinful, immersing oath to take his brother's money without right. Or he swears that he did not do such an act of aggression against his brother, or that he did not insult him, or the like of that, and he is lying. This is the oath of immersion, by which he cuts off the right of his brother without right.
And every false oath is an oath of immersion, but it differs in magnitude and greatness according to the injustice and evil that results from it. There is no expiation for it; in it is the great punishment and the severe warning. So if he says, "By Allah, I did not travel," and he is lying, it is a false oath of immersion, and he sins by it, but it is not like the one who says, "By Allah, I did not take anything from him," when he has taken something from him; because this is taking his brother's money without right. It is as if a person claims against him, saying, "He borrowed a thousand riyals from me," and he swears, saying, "I did not borrow from him," and the lender has no proof, and the borrower is lying, saying, "By Allah, I did not borrow from him." This is the oath of immersion; because he took his brother's money without right by it. Or he lent him a loan, such as a weapon or a cloak, or a vessel, and then he denies it and swears that he did not borrow it. This is the oath of immersion; because he took his brother's money without right by this oath. Or he sold something to his brother and then denied the sale, and there is no proof, there is no proof with the buyer, so he swears, "I did not sell it to him." This is the great, dangerous oath of immersion; because he took his brother's money without right, and denied his brother's right without right. And so on with the like of that. And the oath of immersion, as mentioned, is the false one, but it differs and varies greatly according to the evil that results from it. Yes.
The presenter: May Allah reward you, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.