definite article, such as 'the Creator' (al-Khaliq) and 'the Provider' (al-Raziq), that it is an oath in all cases; for these do not refer to anything other than the name of Allah. Thus, the same applies here. The third category is that which does not refer to an attribute of Allah the Almighty in its absolute sense, but refers to it by being annexed to Allah the Exalted, either in wording or intention, such as 'covenant' ('ahd), 'solemn pledge' (mithaq), 'trust' (amanah), and the like. This does not constitute an oath requiring expiation except by adding it or intending it. We will mention that later, if Allah the Almighty wills.

Section: If one says, "By the right of Allah" (wa haqq Allah), it is an oath requiring expiation. This is the view of Malik and al-Shafi'i. Abu Hanifa said: There is no expiation for it, because the 'right of Allah' is His obedience and His obligatory commands, and it is not an attribute of His. Our position is that Allah has rights that He deserves for Himself, such as subsistence (baqa'), greatness, majesty, and honor. Usage and custom have become associated with swearing by this attribute, so it refers to the attribute of Allah the Almighty, like His saying: "By the power of Allah." If one intends by that an oath by a created thing, the ruling regarding it is the same as the ruling regarding swearing by 'knowledge' and 'power', except that the possibility of it being a created thing in this wording is more apparent.

Section: If one says, "By the life of Allah" (la-'amr Allah), it is an oath requiring expiation. Abu Hanifa held this view. Al-Shafi'i said: If he intends an oath, then it is an oath, otherwise it is not. This is the choice of Abu Bakr, because it only becomes an oath by assuming a deleted predicate, as if he said, "By the life of Allah, I swear by it." Thus, it is metaphorical, and metaphorical usage does not fall under absolute usage. Our position is that he has sworn by an attribute from the attributes of the Essence of Allah, so it is an oath requiring expiation, like swearing by the 'subsistence' (baqa') of Allah the Almighty, for the meaning of that is swearing by the subsistence of Allah the Almighty and His Life. It is said that 'umr (life) and 'amr (life) are one and the same. It is also said that its meaning is "By the right of Allah." The custom of the Shari'ah and usage has been established for it; Allah the Almighty said: {By your life, indeed they were in their intoxication, wandering blindly} (16). And al-Nabigha (17) said:

No, by the life of Him whom you visited for years, And what blood of a body was shed upon the idols (18)