Our Shaykh, the ‘Allaamah, the Sincere Adviser, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him – on the 18th, Muharram, 1440H, said:
(The prohibition of swearing by a religion other than Islam)
And it includes that the swearing which is not legislated has no expiation to expiate for it except repentance and returning the entrusted wealth.
Hadeeth 940 – Ali bin Muhammad bin Abee al-Khaseeb, and Abdullah bin Haashim narrated to us and both said that Wakee’ narrated to us, on the authority of Ali bin al Mubaarak, on the authority of Yahyaa bin Abee Kathir, on the authority of Abee Qilaabah, on the authority of Thaabit bin Dhahaak, may Allaah be pleased with him said: The Messenger of Allaah ﷺ said, “Whoever swears by a religion other than Islaam lyingly then it is as he said.”
The Hadith is to Alee and he increased: and he was from those who gave pledge underneath the tree.
The men in the chain
Alee bin Muhammad bin Abee al-Khaseeb: And he is infrequent in Muntaqa ibn al-Jaarood and he is a Qurashi (from the tribe of Quraish) he descended in Kufah and his (narrating of) hadeeth was good.
Abdullah bin Haashim bin Hayyan al-Abdi on the authority of Wakee’: He is ibn al-Jarraah ar-Ru’aasee Abu Sufyaan al-Koofee, trustworthy, memorizer, worshiper. And there are only three Wakee’s in ‘at-Taqreeb’ and this is the strongest of them.
Alee bin al-Mubaarak : He is al-Hanaa’ee, trustworthy.
Yahya bin Abee Katheer: …
Abu Qilaabah: Abdullah bin Zaid al-Jarmee, Basree, trustworthy virtuous from those who refused to up taking role as judge. And every time he descended a town he became popular for his knowledge and his piety and they requested him to become judge so he used to refuse and moved from town to town.
Thaabit bin Dhahaak: bin Khaleefah al-Ashhalee may Allah be pleased with him, from those who gave pledge underneath the tree in the pledge of Ridhwaan. The Hadeeth is Saheeh (authentic)
Explanation of Hadith
And his ﷺ statement:
“حلف بملۃ غير الإسلام“
Swearing by a religion other than Islam:
“حلف بملۃ“
Is with a kasrah on the Meem and Shaddah on the Laam : It means : Religion or Sharee’ah, and it is an indefinite particle in the form of a condition, so it generalizes all religions like Judaism, Christianity, Zoroastrianism, Atheism and the likes of them other than Islam.
His statement: ‘lyingly’ is from that which has no meaning to it, Siffah Kaashifah. If he swears by Judaism even if he was telling the truth then it is not sworn by.
Imam an-Nawawi said: The likes of it is the statement of Allaah:
(والذين يقتلون الأنبياء بغير الحق)
Which translates to what means: “And those that kill the Prophets with no due right”, and are the Prophets killed with due right?
And his statement:
(ولا تكرهوا فتياتكم علی البغاء إن أردن تحصنا)
which translates to (And force not your maids to prostitution, if they desire chastity) (1)
And his statement:
(ولا تقتلوا أولادكم من إملاق)
which translates to (And kill not your children because of poverty) (2)
And his statement:
(وليس عليكم جناح أن تقصروا من الصلاۃ إن خفتم)
which translates to what means (And there is no sin on you if you shorten your Salat (prayer) if you fear)
And al-Qaadhi Iyyaadh said, and Ibn ul Mulaqqin, and likeso al-Haafidh (Ibn Hajr), and a fatwa of Shaykh ul Islam Ibn Taymiyyah, and a fatwa of Ibn Baaz, and the permanent committee and the statement of Imam Al-Bukhari that swearing by other than Allaah is minor shirk, and if he intends by it exaltation it becomes major shirk.
With what is the oath solidified
Ibn ‘Abd-Ul-Barr said in ‘At-Tamheed’ that it is from swearing by Allaah or in a name from the names of Allaah or thٍe additional compounded names so all of these are oaths, or the attributes (dhaatiyyah) and swearing by the Quran is allowed and swearing by the Mushaf (itself) has been criticised due to it being made up of ink and paper and the speech is the speech of Allaah but he swears by the Quran and by the Book of Allaah and likewise swearing by an attribute from the attributes of Allaah for example he was to say I swear by the coming of Allaah the Day of Judgement.
And likewise swearing by Allaah and TaAllahi
and (i swear) oathingly. And the oath is solidified by a chapter of the Quran, or swearing by a verse from the verses of the Quran, i.e: the speech of Allaah. And swearing by the One who created the Heavens and the Earth is allowed. And by the Lord of the Ka’abah is allowed and swearing by the Ka’abah (itself) is minor shirk. The summary of (all)that The legislated oaths are agreed upon.
Issue : Swearing by unintentional Talaaq
Swearing by an oath which is not legislated :
There is no expiation for it, what is correct is that there is difference (of opinion) concerning this speech. The second opinion that there is expiation for it and repentance.
Swearing by other than Allaah:
Swearing by other than Allaah is minor shirk. And swearing by other than Allah with exaltation is major shirk.
(Forms of swearing by other than Allaah)
As if he was to say he is a Jew, he is a Christian, he is a Zoroastrian if he does this, or upon him is the curse of Allah or may Allah break his back if he does that.
The forthcoming lesson : In the meaning of Allah’s statement:
(لَّا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُم)
which translates to which means: (Allah will not call you to account for that which is unintentional in your oaths,…)
Explanation of Hadith 941 : Alee bin Khashram narrated to us, he said Eesa informed us on the authority of Hishaam bin Urwah, on the authority of his father, on the authority of Aa’ishah, may Allaah be pleased with her concerning the statement of Allaah which translate to which means (Allah will not call you to account for that which is unintentional in your oaths,…)
[Al-Baqarah: 225]
She said: It was revealed concerning the statement of a man: Yes, By Allaah, No, By Allaah
They said it was revealed concerning the statement of a man No, By Allaah and Yes, By Allah but he doesn’t intend by it what is apparent nor is he taken to account by sinning and there is no expiation for it. And what is obligatory is preserving the oaths, Allaah said to what translates in the meaning of (And preserve your oaths)
(Unintentional oaths are of two types)
Ibn ul Qayyim said: Unintentional (oaths) are two types:
The first: The statement of a man No, By Allah, Yes, By Allah, and he does not intend by it what is apparent.
The second: Includes if he swears that this is Zaid coming and someone else came thinking that it was Zaid.
And the majority are on the opinion that the unintentional oath is the first only and the correct opinion is that it is both and the verse includes both meanings. And Allaah knows best
Transcribed to Arabic and summarized By Hamood Ath-Thawaabi may Allah reward him with good – on 21st, Muharram,1440H
Translated by: Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi