response to the oath. For this reason, it is not appropriate to say, 'By Allah, I will do,' nor 'By Allah, I will do.' It is only valid in the case of the letter 'ta' (ta' al-qasam, as in 'tallahi'), because it is not exclusively for swearing; therefore, it indicates that it is a request, and thus no expiation is due for it (38).
Section: It is established that the Prophet (peace and blessings of Allah be upon him) commanded the fulfillment of an oath (39). This was narrated by al-Bukhari (40). This, and Allah knows best, is by way of recommendation, not by way of obligation. The evidence for this is that Abu Bakr said, 'I swear to you, O Messenger of Allah, that you will inform me of what I was correct in and what I erred in.' The Prophet (peace and blessings of Allah be upon him) said, 'Do not swear, O Abu Bakr,' and he did not inform him (41). If fulfilling it were mandatory for him, he would have informed him. It is possible that it is obligatory for him to fulfill it when there is no harm in it, and the refusal of the Prophet (peace and blessings of Allah be upon him) to fulfill the oath of Abu Bakr was due to the harm he knew was in it. If he responds to the form of what he swore upon, rather than its meaning, when the meaning is unattainable, then that is good. It was narrated from the Prophet (peace and blessings of Allah be upon him) that al-Abbas brought a man to him to pledge allegiance for migration, but the Prophet (peace and blessings of Allah be upon him) said, 'There is no migration after the Conquest.' Al-Abbas said (42), 'I swear to you, O Messenger of Allah, that you will accept his pledge.' So the Prophet (peace and blessings of Allah be upon him) placed his hand in his hand and said, 'I have fulfilled the oath of my uncle, but there is no migration' (43). Thus, he responded to the form of the pledge, but not to what he had intended by his oath.
(37) In M: "takhassu bi-l-qasam" (it is exclusive to the oath). (38) In A and B: "al-kaffarah" (the expiation). (39) In M: "al-muqsam" (the one sworn by). (40) In: The Chapter on the Command to Follow Funerals, from the Book of Funerals; and in: The Chapter on Assisting the Oppressed, from the Book of Oppressions; and in: The Chapter on Responding to a Wedding Feast, from the Book of Marriage; and in: The Chapter on Gold Rings, from the Book of Clothing; and in: The Chapter on Saying 'Yarhamuk Allah' to the Sneezer, from the Book of Manners; and in: The Chapter on Spreading Peace, from the Book of Seeking Permission; and in: The Chapter on the Saying of Allah the Almighty: {They swore by Allah their strongest oaths}, from the Book of Oaths and Vows. Sahih al-Bukhari 2/90, 3/169, 7/31, 200, 8/61, 65, 166. It was also recorded by Muslim in: The Chapter on the Prohibition of Using Gold and Silver Utensils..., from the Book of Clothing and Adornment, Sahih Muslim 3/1635. And by al-Tirmidhi in: The Chapter on what has come regarding the dislike of a man wearing saffron-dyed clothing..., from the Chapters on Manners, 'Aridat al-Ahwadhi 10/252. And by al-Nasa'i in: The Chapter on the Command to Follow Funerals, from the Book of Funerals, and in: The Chapter on Fulfilling an Oath, from the Book of Oaths and Vows, Al-Mujtaba 4/44, 7/9. And by Ibn Majah in: Fulfilling an Oath, from the Book of Expiations, Sunan Ibn Majah 1/683. And by Imam Ahmad in: Al-Musnad 4/284, 287, 299. (41) Its verification was previously mentioned on page 469. (42) In M: "wa-qala" (and he said). (43) Recorded by Ibn Majah in: The Chapter on Fulfilling an Oath, from the Book of Expiations, Sunan Ibn Majah 1/684. And by Imam Ahmad in: Al-Musnad 3/431.
