Allah} up to His saying: "They have taken their oaths as a shield" (14). He thus called it an oath (yamin), and the Messenger of Allah (may Allah bless him and grant him peace) called it an oath (qasam). 'Atikah bint 'Abd al-Muttalib, the paternal aunt of the Messenger of Allah (may Allah bless him and grant him peace), said (15):

I have sworn that if they return, we shall surely exterminate them, And the predatory packs [of wolves] shall come, roaming about its sides.

And 'Atikah bint Zayd ibn 'Amr ibn Nufayl said (16):

So I have taken an oath that my eye shall not cease to be sorrowful For you, and my skin shall not cease to be dust-covered.

As for their statement that it potentially refers to an oath by other than Allah: we say that it is to be construed as an oath that is permitted [in usage]. For this reason, it was not considered disliked; had it been construed as an oath by other than Allah, it would have been disliked. If it were disliked, Abu Bakr would not have performed it in the presence of the Prophet (may Allah bless him and grant him peace), nor would the Prophet (may Allah bless him and grant him peace) have fulfilled the oath of al-'Abbas when he swore by it.

Section: If he says, "I resolve (a'zimu)," or "I have resolved (azamtu)," it is not an oath, whether he intended it as an oath or did not intend it; because this phrase has not been established as an oath by the convention of Shari'ah or common usage, [nor is it designated (17) for an oath, nor does it contain any indication thereof. Likewise, if he says: "I seek help (asta'inu) through Allah," or "I take refuge (a'tasimu) in Allah," or "I rely (atawakkalu) upon Allah," or "Allah knows," or "Allah is Mighty," or (18) "Allah is Blessed," and the like, it is not an oath, whether he intended it or not; because it is not designated for an oath linguistically, nor is it established as such by the convention of Shari'ah or common usage] (19), so nothing is necessitated by it, just as if he had said: "Glory be to Allah (subhan Allah)," "Praise be to Allah (al-hamdu lillah)," "There is no god but Allah," or "Allah is the Greatest (Allahu akbar)."

1790 - Issue; he said: (or "By the trust (amanah) of Allah")

The Qadi said: There is no disagreement in the school of thought that swearing by the trust of Allah is an oath (yamin) requiring expiation. Abu Hanifah held this view. Al-Shafi'i said: An oath is not concluded by it unless one intends by it swearing by an attribute of Allah Almighty; because the word 'amanah' (trust) is applied to mandatory duties, deposits, and rights. Allah Almighty said: "Indeed, We offered the Trust to the heavens and the earth and the mountains, and they declined to bear it and feared it; but man [undertook to] bear it" (1). He also said: "Indeed, Allah commands you to render trusts to whom they are due" (2), meaning deposits and rights. The Prophet (may Allah bless him and grant him peace) said: "Render the trust to the one who entrusted you, and do not betray the one who betrayed you" (3). When the wording is ambiguous, it is not diverted to one of its potential meanings (4) except by his intention or a clear indicator directing it there. Our view is that "the trust of Allah" is an attribute of His, evidenced by the requirement of expiation on one who swears by it when he intends it, and it must be understood as such when used absolutely for several reasons: First, interpreting it otherwise diverts the Muslim's oath toward disobedience or a disliked act, as it would be an oath by a created being, and the apparent state of a Muslim is the opposite of that. Second, an oath is customarily made by what is glorified and respected, and the attribute of Allah Almighty is greatest in sanctity and status. Third, what they mentioned regarding mandatory duties and deposits is not known to be used for swearing, nor would it be considered appropriate if one were to explicitly state it; thus, one does not swear by that which is an expression for it. Fourth, "the trust of Allah," when attributed to Him, is His attribute, whereas others are mentioned without being attributed to Him, as stated in the verses and the report. Fifth, the wording is general to every trust of Allah (6), for when a generic noun is attributed to a defined term, it implies (7) inclusion of all, so it includes the trust of Allah which is His attribute; thus, the oath is concluded by it, necessitating expiation, just as if he had intended it.