The same ruling applies if he mentions the verb in the past tense, such as saying, "I swore by Allah," or "I bore witness by Allah." 'Abdullah ibn Rawahah said:
If he intends by saying "I swore by Allah" to report a past oath, or by saying "I swear by Allah" to report an oath that he is about to perform, then there is no expiation upon him. If he claims such an intention, it is accepted from him. Al-Qadi said: "It is not accepted regarding the ruling [in court]." This is the opinion of some of the followers of al-Shafi'i, because it contradicts the apparent meaning. Our view is that this is a matter between him and Allah Almighty; if he knows within himself that he intended and meant something [other than an oath], given that the phrasing allows for it, no expiation for anything is required of him. If he says, "I bear witness by Allah that I have believed in Allah," it is not an oath. If he says, "I resolve (a'zimu) by Allah," intending an oath, then it is an oath. If he uses it absolutely, the apparent stance of al-Khiraqi is that it is an oath. This is the opinion of Ibn Hamid. Abu Bakr said: "It is not an oath," which is the view of al-Shafi'i, because it has not been established as an oath through the convention of Shari'ah or common usage, and its apparent meaning is other than an oath, for its meaning is "I intend by Allah to do [such and such]." The basis for the first opinion is that it carries the potential to be an oath, and it has been accompanied by that which indicates as such, which is its response with an oath-response; therefore, it is an oath. However, if he intended by his statement something other than an oath, it is not an oath.
Section: If he says, "I swear by Allah (ahlifu)," or "I make an oath by Allah (uli)," or "I swore by Allah (halaftu)," or "I have taken an oath by Allah (alaytu)," or "an oath by Allah (aliyyah)," or "swearing by Allah (halifan)," or "a division by Allah (qasaman)," then it is an oath, regardless of whether he intended by it an oath or used it absolutely, because of what we have mentioned regarding "I swear by Allah (uqsimu bi-Allah)." Its ruling is the same as that one regarding its details, because the act of taking an oath (ila') and swearing (halif) [in terms of an oath] are the same. Allah Almighty said: "For those who take an oath (yu'luna) regarding their wives." Sa'd ibn Mu'adh said: "I swear by Allah, Usayd has come to you with a stance other than that with which he left." And the poet said:
(5) His Diwan 153. (6) Omitted from M. (7) In M: "or he meant it." (8) In M: "and the oath." (9) We have not found it in what is available to us.
