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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 444

Translation · EN

the Almighty: {And they swear to falsehood while they know} (61). Because lying is forbidden, and when it is the subject of an oath, it is more severe in its prohibition. If one invalidates a right through it, or seizes the wealth of an inviolable person, it is even more severe; for it has been narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Whoever swears a false oath to seize the wealth of a Muslim man through it will meet Allah while He is angry with him." [Agreed upon] (62). Allah, the Almighty, revealed concerning that: {Indeed, those who exchange the covenant of Allah and their oaths for a small price, they have no share in the Hereafter, and Allah will not speak to them or look at them on the Day of Resurrection, nor will He purify them, and for them is a painful punishment} (63). From this category is swearing to perform an act of disobedience or to abandon an obligatory act; for the subject of the oath is forbidden, so the oath is forbidden because it is a means to it, and the means takes the ruling of the end it leads to.

Section: Whenever an oath is concerning the performance of an obligatory act or the abandonment of a prohibited one, its breaking is prohibited, because breaking it implies the performance of the prohibited act, which is unlawful. If it is concerning the performance of a commendable act or the abandonment of a disliked one, then breaking it is disliked. If it is concerning the performance of (64) a permissible act, then breaking it is permissible. If it is said: How can breaking it be permissible when Allah, the Almighty, has said: {And do not break oaths after their confirmation} (65)? We respond: This refers to oaths in covenants and treaties, based on the evidence of His saying, the Almighty: {And fulfill the covenant of Allah when you have made a covenant and do not}

Notes

(61) Surah al-Mujadila: 14. (62) Omitted from A, B, and M. It was recorded by al-Bukhari, in: The Chapter on the Speech of Litigants against Each Other, from the Book of Disputes; in the Chapter: Does the Judge Ask the Plaintiff...?, and the Chapter: Uthman ibn Abi Shaybah Narrated to Us, from the Book of Testimony; in the Chapter: {Indeed, those who exchange the covenant of Allah and their oaths for a small price}, from the Book of Interpretation (Tafsir); in the Chapter: The Saying of Allah the Almighty: {Indeed, those who exchange the covenant of Allah and their oaths for a small price}, from the Book of Oaths; and in the Chapter: Ruling on Wells and Similar Matters, from the Book of Legal Rulings. Sahih al-Bukhari 3/159, 160, 232, 233, 6/42, 8/171, 9/90. Recorded by Muslim, in: The Chapter on the Threat against One Who Seizes the Right of a Muslim with a False Oath, with the Fire, from the Book of Oaths. Sahih Muslim 1/122, 123. It was also recorded by Abu Dawud, in: The Chapter on One Who Swears a False Oath to Seize Another's Wealth, from the Book of Oaths. Sunan Abi Dawud 2/197. By al-Tirmidhi, in: The Chapter on What Has Been Related Regarding the False Oath..., from the Chapters of Sales; and in the Chapter on Surah Al-Imran, from the Chapters of Interpretation. Aridat al-Ahwadhi 5/271, 11/122. By Ibn Majah, in: The Chapter on One Who Swears a False Oath..., from the Book of Legal Rulings. Sunan Ibn Majah 2/778. And by Imam Ahmad, in: Al-Musnad 1/377, 379, 426, 442, 460, 5/25, 211, 212. (63) Surah Al-Imran: 77. (64) Did not appear in the original manuscript, A, or B. (65) Surah al-Nahl: 91.

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