Darulifta Ahlesunnat
(Dawateislami)
Question
What do the
scholars of Islam say about the following matter: on page 302 of Bahar-e-Sharīʿat’s second volume, the
14th ruling mentioned is, “It is not
considered an oath to say, ’I take an
oath by Allah and His Messenger that I will not do this.’” Why is this not considered an oath despite the
word “oath” being used?
بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ
الْحَقِّ وَالصَّوَابِ
There are
several conditions for a recognised oath to be
enacted. One of them is to mention the name of Allah, alongside whatever an
oath is being taken upon, uninterruptedly. If there is اجنبی فاصل (dissimilar separator) between the two, an oath is not enacted.
Within the statement found in Bahar-e-Sharīʿat,
“I take an oath by Allah and [I take an oath] by
His Messenger,” the phrase “I take an oath by His Messenger” cannot become an
oath. Between the phrases of “I take oath by Allah” and “I will not do this,”
the phrase “and I take oath by His Messenger” has caused a break. For this
reason, this entire sentence cannot be considered an oath.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ
وَسَلَّم