1786 - Issue; He said: (Or by the covenant).

Its general meaning is that if one swears by the covenant, or says: "By the covenant of Allah, and His guarantee," then it is an oath that must be expiated if one breaks it. This is the position of al-Hasan, Tawus, al-Sha'bi, al-Harith al-'Ukli, Qatadah, al-Hakam, al-Awza'i, and Malik. 'Aishah, may Allah be pleased with her, swore by the covenant that she would not speak to Ibn al-Zubayr. When she spoke to him, she manumitted forty slaves, and whenever she remembered it, she would [weep] (1) and say: "Alas for the covenant" (2). Ahmad said: The covenant is emphasized in ten places in the Book of Allah: {And fulfill [every] obligation. Indeed, the obligation will be questioned} (4). One draws near to Allah the Almighty if one swears by the covenant [and then breaks it, with what] (5) one is capable of. 'Aishah manumitted forty slaves, and then would weep until her veil became wet, saying: "Alas for the covenant." 'Ata', Abu 'Ubayd, and Ibn al-Mundhir said: It does not constitute an oath unless it is intended. Al-Shafi'i said: It does not constitute an oath unless one intends the oath by the covenant of Allah, which (6) is His attribute. Abu Hanifah said: It is not an oath. Perhaps they held that the covenant is among the attributes of action, so swearing by it is not an oath, just as if one said: "By the creation of Allah." Abu Hanifah agreed with us in the case where one says: "Upon me is the covenant of Allah and His pledge that I shall do such-and-such," then breaks it, that the expiation is binding upon him. Our evidence is that the covenant of Allah can mean His speech, which He commanded us with and prohibited us from, as in His saying: {Did I not enjoin upon you, O children of Adam} (6). His speech is eternal, an attribute of His. It can also mean His claim to what He has commanded us with. It has established a recognized usage in practice, so it must be an oath by its absolute utterance, just as if one said: "By the speech of Allah." Once this is established, if one says: "Upon me is the covenant of Allah and His pledge that I shall do such-and-such," or says: "By the covenant of Allah and His pledge that I shall do such-and-such," it is an oath. And if he says: "By the covenant and the pledge that I shall do such-and-such" and intends the covenant of Allah, it is an oath, because he intended to swear by an attribute among the attributes of Allah.