the jurists, and it has been narrated from Ibn 'Umar that the Prophet (may Allah bless him and grant him peace) said: "The Qur'an is the speech of Allah, not created" (1). Ibn 'Abbas said regarding the saying of the Almighty: {A Qur'an in Arabic, without any crookedness} (2), meaning: not created (3). As for their statement: "It is not customary to swear by it," they are bound by their own argument [regarding expressions] such as: "By the Pride of Allah," "His Greatness," and "His Majesty." Once this is established, swearing by a verse of it is like swearing by all of it, because it is from the speech of Allah the Almighty.

Section: If he swears by the Mushaf (copy of the Qur'an), his oath is binding. Qatadah used to swear by the Mushaf, and our Imam [Ahmad] and Ishaq did not disapprove of that; because the one who swears by the Mushaf only intends to swear by what is written in it, which is the Qur'an, as it is contained between the covers of the Mushaf by the consensus of the Muslims.

1785 - Issue; He said: (Or by charity of his property, or by Hajj)

The totality of this is that if he presents a vow in the form of an oath, by preventing himself or another from something through it, or urging them towards something, such as if he says: "If I speak to Zayd, then upon me is Hajj for Allah," or "charity of wealth," or "fasting for a year," then this is an oath. Its ruling is that he has the choice between fulfilling what he swore upon, in which case nothing is required of him, or breaking the oath, in which case he has the choice between performing the vowed act or the expiation for an oath. This is called the "vow of stubbornness and anger," and fulfillment is not strictly incumbent upon him. Rather, the "vow of righteousness" (nadhr al-tabarrur) is strictly binding, and we will mention it in its chapter, God willing. This is the position of 'Umar, Ibn 'Abbas, [Ibn 'Umar], 'Aishah, Hafsah, and Zaynab bint Abi Salamah. This is also the position of 'Ata', Tawus, 'Ikrimah, al-Qasim, al-Hasan, Jabir ibn Zayd, al-Nakha'i, Qatadah, 'Abd Allah ibn Shurik, al-Shafi'i, al-'Anbari, Ishaq, Abu 'Ubayd, and Abu Thawr,