[...He does not care what he swears upon. He said: "You have nothing from it (17) except that."
1914- Issue: He said: (Except that if he is a Jew, it is said to him: Say: By Allah, who revealed the Torah to Moses. And if he is a Christian, it is said to him: Say: By Allah, who revealed the Gospel to Jesus. And if they have places they venerate and fear (1) to swear in while lying, they are made to swear in them.)
The outward meaning of the words of al-Khiraqi, may Allah have mercy on him, is that the oath is only intensified in the case of the people of the dhimma, and is not intensified in the case of Muslims. Abu Bakr said something similar. The basis for intensifying it in their case is what Abu Hurayrah narrated, saying: The Messenger of Allah (peace be upon him) said—meaning to the Jews (2)—: "I adjure you by Allah, who revealed the Torah to Moses, what do you find in the Torah concerning one who commits adultery?" Narrated by Abu Dawud (3). Likewise, al-Khiraqi said: It is intensified by the place, so he is made to swear in [the places they venerate] (4), and he fears lying therein. He did not mention intensification by time. Abu al-Khattab said: If he sees fit to intensify the oath by mentioning time and place, he may do so. He said: Ahmad has pointed toward this in the narration of al-Maymuni. He mentioned intensification in the case of the Magian, saying: It is said to him: Say: By Allah who created me and provided for me. And if he is an idolater, he is made to swear by Allah alone. Similarly, if he worships Allah, because it is not permitted to make him swear by other than Allah; due to the saying of the Prophet (peace be upon him)
= the claimant: 'Do you have evidence before the oath?', from the Book of Testimonies. Sahih al-Bukhari 3/159, 160, 232. And Abu Dawud, in: 'Chapter: On one who swears an oath to usurp the wealth of another', from the Book of Vows and Oaths. Sunan Abi Dawud 2/197. And Ibn Majah, in: 'Chapter: The burden of proof is on the claimant and the oath is on the defendant', from the Book of Judgments. Sunan Ibn Majah 2/778. It was also narrated by al-Tirmidhi, in: 'Chapter: What has been reported regarding the false oath by which the wealth of a Muslim is usurped', from the Chapters on Sales, and in: 'Chapter: Surah Ali 'Imran', from the Chapters on Tafsir. Aridat al-Ahwadhi 5/271, 11/122, 123. And Imam Ahmad, in: Al-Musnad 1/379, 426. (17) Omitted from: the original, A. (1) In the original: "and they fear". (2) In B: "the Jews". (3) In: 'Chapter: Stoning the two Jews', from the Book of Hudud. Sunan Abi Dawud 2/465, 466. Its verification from Ibn Umar has preceded in: 12/364. (4) In the original: "the place which he knows". In A: "the place which he venerates".
