Part 107

The exception is made for a simple declaration of fact, as well as for a statement of fact accompanied by a request. The first refers to when one swears to the truth of a declarative statement the intent behind which is neither to incite someone else to action or to forbid him to act. Rather, one would respond to such a statement by either believing or disbelieving it. For example, one might say, “I swear, the matter is thus and so, if Allah wills,” or, “. . . it is not thus and so. .. .” The person making the exception may know for certain that what he says is true, as in the statement, “you shall enter,” for this is a clause that has not been omitted. The second situation—that is, a statement of fact that conveys the sense of a request—is illustrated in the statement, “I swear that I will do thus and so,” or, “I swear that I will not do thus and so.” The wording is that of a declarative statement that is guaranteed by a request. The person did not say, “I swear, I desire this, but am not determined to do it.” Rather he said, “I swear it will be thus and

so.” For if it were not “thus and so,” then he would have broken his word due to the event that occurred in a manner inconsistent with what he had sworn to. But if he were to say, “if Allah wills,” then he would be swearing with the provision, “provided that Allah wills it,” rather than doing so in an unqualified manner.

For this reason, many Muslim jurists held that if something to which one swears does not come to pass, or if it does come to pass but the person does not do what he swore to do, he has broken his oath, whether out of forgetfulness, error, or ignorance. For they noted that an oath bears the sense of a report, such that if what occurs conflicts with the report a person has given, then he has broken his word. However, others have held that such a statement aints to incite others to action or forbid them from some action; and if someone forbids a certain action, then does it out of forgetfulness or error, he has not broken his word.

Early [scholars] held that such an utterance might bear the sense of affirming or denying some fact, as when someone says, “I swear by Allah, if’ is going to rain [or not going to].” This is a sheer declaration of fact that implies no command or prohibition. But if one swore to what he believed [to be the case], and if the matter turned out to be in conflict with what he had sworn to, then he would have broken his word. In this way one may see the distinction between swearing to something that is past, and swearing to something in the future. For an oath pertaining to the past is not such that if one makes a mistake with regard to it, he is not required to do penance or make atonement in any way, as one would had he committed deliberate perjury. This is not so, however, with regard to the future, for one is not required to make the exception concerning the future if he has done it. Allah says: “The unbelievers think that they will not be raised up [for Judgment]; say “Yes, by my Lord, you shall surely be raised up: Then shall you be told [the truth] of all that you did. And that is easy for Allah” (64:7). In this verse, Allah calls the Prophet to swear concerning a future matter. Similar is His saying, “The unbelievers say, ‘never to us will come the Hour.’ Say, No! But most surely, by my Lord, it will come upon you . . .” (34:3). Allah also calls him to witness concerning a present matter when He says: “They seek to be informed by you: Is that true? Say, Yes! By my Lord! It is the very truth . . .” (10:53). The Prophet (pbuh) said: “I swear by Him in whose Hand is my soul, that the son of Mariam will be sent down as a just arbiter and fair-minded leader.” He [the Prophet] also said: “I swear by Him in whose Hand is my soul; life will not come to an end before a time comes wherein the murderer does not know why he has murdered, and the slain does not

know why he was killed.” The Prophet (pbuh) also said: “Kisra [a title of Persian kings], shall perish until there are no more after him, and if Caesar dies, there will be no Caesar after him. I swear by Him in whose Hands is my soul, the wealth of Kisra and Caesar will be spent for the sake of Allah.” [Both of these hadiths are found in the Sahih.] Thus, the Prophet (pbuh) was called to witness with a vow concerning future matters in different hadiths without making the exception; and, indeed, Allah knows best. Praise be to Allah, the Cherisher and Sustainer of the Worlds, and peace be upon our Prophet Muhammad and his family and his Companions.

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INDEX OF QUR’ANIC CITATIONS

Al-Fatihah (The Opening Chapter)

448 INDEX OF QUR’ANIC CITATIONS

Al-Amrin (The Family of ‘Imrin)

INDEX OF QUR’ANIC CITATIONS 449

ALA ‘raf (The Heights)

Al-Anfal (The Spoils of War)

450 INDEX OF QUR’ANIC CITATIONS

INDEX OF QUR’ANIC CITATIONS 451

Al-Hijr (The Rocky Track)

Ab-Isra’ (The Night Journey)

Ta-Ha (the letters Ta-Ha)

452 INDEX OF QUR’ANIC CITATIONS

INDEX OF QURANIC CITATIONS 453

Fatir (The Originator of Creation)

454 INDEX OF QUR’ANIC CITATIONS

Al-Ahgaf (The Curved Sand Hills)

Muhammad (The Prophet Muhammad)

Qaf (the letter Oaf)

Al-Dhariyat (The Winds that Scatter)

Al-Rahmin (The Most Beneficent)

Al-Mujadilah (7he Women Who Pleads)