And Ibn Durayd said:
An oath by the resilient camels, cast forth By its speed between the wide plains.
He also said:
Indeed, an oath by the lofty ones of Ya'rub, is there For a swearer after this, any limit?
Section: If he says, "I swear (aqsamtu)," or "I take an oath (alaytu)," or "I swore (halaftu)," or "I bear witness (shahidtu) that I shall do such-and-such," without mentioning Allah, then there are two narrations from Ahmad. One of them is that it is an oath, regardless of whether he intended an oath or used it absolutely. Similar views were narrated from Umar, Ibn 'Abbas, al-Nakha'i, al-Thawri, Abu Hanifah, and his companions. According to the other narration from Ahmad, if he intended an oath by Allah, it is an oath; otherwise, it is not. This is the opinion of Malik, Ishaq, and Ibn al-Mundhir, because it potentially refers to an oath by Allah Almighty or by someone else, so it is not an oath until he directs it by his intention to that which necessitates expiation. Al-Shafi'i said: "It is not an oath even if he intended it." A similar view was narrated from 'Ata', al-Hasan, al-Zuhri, Qatadah, and Abu 'Ubayd, because it is devoid of the name of Allah or His attribute, so it is not an oath, just as if he had said, "I swear by the House (the Ka'bah)." Our view is that it has been established by the convention of Shari'ah and common usage; for Abu Bakr said: "I implore (aqsamtu) you, O Messenger of Allah, to tell me what I have attained of what I have erred in." The Prophet (may Allah bless him and grant him peace) said: "Do not swear (la tuqsim), O Abu Bakr." It was narrated by Abu Dawud. Al-'Abbas said to the Prophet (may Allah bless him and grant him peace): "I implore (aqsamtu) you, O Messenger of Allah, to pledge allegiance to him." The Prophet (may Allah bless him and grant him peace) pledged allegiance to him and said: "I have fulfilled the oath (qasam) of my uncle, and there is no migration [after the conquest]." In the Book of Allah Almighty: "When the hypocrites come to you, they say, 'We bear witness that you are indeed the Messenger of Allah,'" up to His saying: "They have taken their oaths as a shield."
(10) Diwan Ibn Durayd 119. Al-Ya'malat: camels that are sturdy and strong for traveling. Al-Naja': speed in walking. (11) Diwan Ibn Durayd 122. (12) In: Chapter: Does the oath (qasam) count as an oath (yamin)? from the Book of Oaths and Vows. Sunan Abi Dawud 2/203. It was also reported by al-Bukhari as a hanging report (ta'liq) in: Chapter: The saying of Allah Almighty: "And they swore by Allah their strongest oaths," from the Book of Oaths and Vows; and in a connected form (mawsulan) in: Chapter: He who does not view the dream [as valid] for the first interpreter..., from the Book of Interpretation. Sahih al-Bukhari 8/166, 9/55. And by Muslim in: Chapter: On the interpretation of dreams, from the Book of Dreams. Sahih Muslim 4/1778. And by al-Darimi in: Chapter: The oath (qasam) is an oath (yamin), from the Book of Vows and Oaths. Sunan al-Darimi 2/186. (13) Reported by Ibn Majah in: Chapter: Fulfilling the oath (qasam), from the Book of Expiations. Sunan Ibn Majah 1/684. And by Imam Ahmad in: Al-Musnad 3/430, 431.