1782 - Issue: He said: (And whoever swears upon something thinking it is as he swore, [but it was not so] (1), then there is no atonement upon him; because it is of the vain oaths.)

The majority of scholars hold that there is no atonement for this oath. This was stated by Ibn al-Mundhir. This is narrated from Ibn Abbas, Abu Hurayrah, Abu Malik, Zurarah ibn Awfa, al-Hasan, al-Nakha'i, Malik, Abu Hanifah, and al-Thawri. Among those who said that this is a vain oath are Mujahid, Sulayman ibn Yasar, al-Awza'i, al-Thawri, and Abu Hanifah and his companions. The majority of scholars hold that there is no atonement in a vain oath. Ibn 'Abd al-Barr said: The Muslims have reached consensus on this. It has been narrated from al-Nakha'i regarding an oath upon a matter one thinks is true, but it turns out to be otherwise, that it is a vain oath, [and that atonement is required for it. This is one of the two opinions of al-Shafi'i. It is also narrated from Ahmad that atonement is required, and that it is not a vain oath] (2); because the oath by Allah the Almighty was made in contradiction to the reality, thus it necessitates atonement, like an oath regarding a future matter. Our evidence is the saying of Allah the Almighty: {Allah will not impose blame upon you for what is unintentional in your oaths} (3). This is included therein. Also, it is an oath that is not binding, so no atonement is required for it, like the Ghamus (false/perjurious) oath. Furthermore, he did not intend (4) the contradiction, so it is similar to the case where one breaks an oath out of forgetfulness. In sum, there is no atonement in an oath regarding a past matter, because it falls into three categories: That which one is truthful about, for which there is no atonement by consensus; that which one intentionally lies about, which is the Ghamus oath, for which there is no atonement because it is too grave to have an atonement (5); and that which one thinks is true, but it turns out otherwise, for which there is no atonement because it is of the vain oaths. As for an oath regarding a future matter, whatever one has bound his heart upon and intended as an oath, then contradicts, upon him is the atonement. And whatever one has not bound his heart upon and did not intend as an oath, but rather it merely slipped onto his tongue, then it is of the vain oaths. The statement of 'A'ishah points to this, for she said: Vain oaths are those made during argument, joking, levity, and conversation upon which the heart is not bound. Oaths of atonement are every oath one swears regarding a matter—whether in anger or