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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 14 · Page 225

Translation · EN

"Whoever is to take an oath, let him swear by Allah, or let him remain silent" (5). And because, even if he [does not] (6) consider this to be an oath, he increases in sin and punishment through it; his punishment might be hastened, and he may be admonished by it, and others may take heed of it. This is not a condition for the oath, but it is for the judge to do if he sees fit. Among those who said that he makes the People of the Book swear by Allah alone are: Masruq, Abu Ubaydah ibn Abd Allah (7), Ata, Shurayh, al-Hasan, Ibrahim ibn Ka'b ibn Sur, Malik, al-Thawri, and Abu Ubayd. Among those who said that intensification by time and place is not prescribed in the case of a Muslim are: Abu Hanifah and his two companions. Malik and al-Shafi'i said: It is intensified. Then they differed; Malik said: He is made to swear in Medina at the pulpit of the Messenger of Allah (peace be upon him), and he is made to swear standing. He is not made to swear standing except at the pulpit of the Messenger of Allah (peace be upon him). They are made to swear outside of Medina in the congregational mosques. He is not made to swear at the pulpit except for that which is sufficient for the cutting of a thief and above, which is three dirhams. Al-Shafi'i said: The Muslim is made to swear between the Corner (al-Rukn) and the Station (al-Maqam) in Mecca, in Medina at the pulpit of the Messenger of Allah (peace be upon him), and in all other lands in the congregational mosques at the pulpit, and at the Rock in Jerusalem. It is intensified in terms of time by having the oath taken after the Asr prayer. It is not intensified in terms of wealth except for a nisab (minimum taxable amount) and above, and it is intensified regarding divorce, manumission, hudud (prescribed punishments), and qisas (retaliatory punishment). This is the choice of Abu al-Khattab. Ibn Jarir said: It is intensified in both small and large cases. They argued using the saying of Allah the Almighty: {You shall detain them both after the prayer, and they shall swear by Allah} (8). It is said: He meant after the Asr prayer. It was narrated from the Prophet (peace be upon him) that he said: "Whoever swears an oath on this pulpit of mine which is a false oath, let him take his seat in the Fire" (9). Thus it is established that the emphasis of the oath is attached to that. Malik narrated, saying: Zayd ibn [disputed...]

Notes

(5) Its verification has preceded in: 11/6. (6) Omitted from: B. (7) Abu Ubaydah Amir ibn Abd Allah ibn Mas'ud al-Hudhali al-Kufi. It is said that his name is his kunya. He was a Tabi'i, trustworthy. He died on the night of Dujayl, and it was the year eighty-one. It is also said: the year eighty-two. Tahdhib al-Tahdhib 5/75, 76. (8) Surah al-Ma'idah 106. (9) Narrated by Abu Dawud, in: 'Chapter: What has been reported regarding the intensification of the oath at the pulpit of the Prophet (peace be upon him)', from the Book of Oaths. Sunan Abi Dawud 2/198. And Ibn Majah, in: 'Chapter: The oath at the locations of rights', from the Book of Judgments. Sunan Ibn Majah 2/779. And Imam Malik, in: 'Chapter: What has been reported regarding the violation of an oath at the pulpit of the Prophet (peace be upon him)', from the Book of Judgments. Al-Muwatta 2/727. And Imam Ahmad, in: Al-Musnad 2/329, 518.

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