Section: An oath is valid from every accountable person (mukallaf) who is acting voluntarily and has the intent for an oath. It is not valid from one who is not accountable, such as a child, an insane person, or a sleeper, because of the saying of the Prophet, peace and blessings of Allah be upon him: "The pen is lifted from three" (8). Also, because it is a statement to which a binding right is attached, it is not valid from an unaccountable person, like an acknowledgement (iqrar). Regarding the intoxicated person, there are two views, based on whether he is considered accountable or not. The oath of a coerced person does not take effect, and this is the position of Malik and al-Shafi'i. Abu Hanifa said: It takes effect, because it is the oath of an accountable person, so it takes effect like the oath of a person acting voluntarily. Our evidence is what Abu Umama and Wathila ibn al-Asqa' narrated that the Messenger of Allah, peace and blessings of Allah be upon him, said: "There is no oath upon one who is coerced" (10). Furthermore, it is a statement one was forced into without right, so it is not valid, like the word of disbelief.
Section: The oath of a disbeliever is valid, and expiation becomes binding upon him if he breaks it, regardless of whether he breaks it while in a state of disbelief or after embracing Islam. This is the position of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir if he breaks it after embracing Islam. Al-Thawri and the People of Opinion (Ashab al-Ra'y) said: His oath does not take effect, because he is not an accountable person. Our evidence is that Umar, may Allah be pleased with him, made a vow during the pre-Islamic period (Jahiliyyah) to perform I'tikaf in the Sacred Mosque, and the Prophet, peace and blessings of Allah be upon him, commanded him to fulfill his vow (11). Also, he is from those capable of swearing, as evidenced by the saying of the Almighty: "Then they shall swear by Allah" (12). We do not concede that he is not accountable; rather, acts of worship are waived from him upon his conversion to Islam because Islam erases what came before it. However, that which he bound himself to by his vow or oath, it is appropriate that its ruling should remain binding upon him, because it is from his own initiative (14).
Section: It is not permissible to swear by other than Allah the Exalted and His attributes, such as swearing by one's father, the Kaaba, a Companion, or an Imam. Al-Shafi'i said: "I fear it may be an act of disobedience." Ibn 'Abd al-Barr said: "This is a principle upon which there is consensus." It was said: That is permissible because Allah the Exalted swore by His creations, saying:
(8) Its verification has previously appeared, in: 2/50. (9) Omitted from manuscript M. (A note of reflection). (10) Recorded by al-Daraqutni, in: The Book of Vows. Sunan al-Daraqutni 4/171. (11) Its verification has previously appeared, in: 4/457. (12) Surah al-Ma'idah 106. (13) In manuscript M: "it became binding upon him" (lazimahu). (14) In the original manuscript: "no" (la).
