What has come concerning oaths, 1st Lesson | Benefits from Muntaqaa Ibn Al-Jarood

بســـم اللــه الرحــمــن الـرحـــيــم

◾Benefits from Muntaqaa Ibn Al-Jarood, Chapter: what has come concerning oaths, 1st Lesson◾️

By our Shaykh, the 'Allaamah, the Sincere Advisor, Abu 'Abdirrahman Yahya bin 'Ali Al-Hajoori - may Allaah preserve him - 

(*Chapter what has come concerning oaths*) 📚

*Meaning of oaths (Aymaan)*

↪️ Aymaan is the plural of Yameen, and the Yameen (Right) is the opposite of Yasaar (Left), opposite to the left side.

↪️ The legislative meaning of Al-Yameen is confirming a matter which was potential by mentioning the name of Allaah or an attribute from His attributes.

↪️ Al-Yameen is: swearing (by Allaah) and oath taking.

↪️ And it was called 'Yameen'; because when they used to form allegiances, each one would take the right hand of the other.

The first hadith in the chapter.

938 - Ibn Ul-Muqri and Mahmood bin Adam narrated to us, they both said Sufyan narrated to us, he said on the authority of Az-Zuhri, on the authority of Saalim, on the authority of his father, may Allaah be pleased with him, said: "The Prophet ﷺ heard 'Umar, may Allaah be pleased with him, say: "By my father, By my father."

So the Prophet ﷺ said:

"Allaah forbade you from swearing by your forefathers."

Whereby he said:

"By Allaah I haven't sworn with it my self (since) nor reported someone else doing it."

The Hadeeth is with Ibn Ul-Muqri'

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The chain of narration with the author is authentic, it has been reported by Al-Bukhari in the book of oaths, and by Muslim in the book of oaths.

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939- The second hadeeth.

Muhammed bin Yahya narrated to us, saying: Yazeed bin Haroon narrated to us saying: Hishaam narrated to us, from Al-Hassan, from 'Abdurrahman bin Samurah, that the Prophet ﷺ said: "Don't swear by your forefathers nor by Tawaghit."

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The chain of narration with the author is authentic and it was reported by Muslim.

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*Men of the chain*

*Hishaam bin Hassaan*: Al-Qurdoosee.

On the authority of Al-Hasan:  He is bin Abee Al-Hasan Al-Basree, his father's name is Yasaar and his mothers name is Khairah and he was breastfed by the wife of the Messenger of Allaah ﷺ, Umm Salamah, may Allaah be pleased with her, and he was the best during his time.

*Abdurrahman bin Samurah* in this hadeeth is bin Habeeb and not bin Jundub.

↪️ This is Abdurrahman bin Samurah bin Habeeb: He conquered many lands in the time of 'Uthman, may Allaah be pleased with them both, and during the Caliphate of 'Uthman, may Allaah be pleased with him, he lived in Basrah and Abdullah bin Aamir appointed him when he was Ameer of Basrah over the army so he conquered Sijistan on the 33rd year, then he became governor of Sijistan.

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*Issues relating to the hadith*

↪️ Consensus was relayed that swearing by other than Allah is shirk or kufr out of severe discouragement.

↪️ An-Nawawi and At-Tirmidhi and Allaamah bin Baz, and the permanent committee said: Swearing by other than Allaah is minor shirk if exaltation is not intended, but if exaltation is intended and that the thing sworn by can benefit or harm it is disbelief.

↪️ The majority of scholars are on the opinion that it is considered minor shirk and that the person is under the will of Allaah and this is what is correct.

↪️ 'Uthaimeen, may Allaah have mercy on him, said swearing by other than Allaah is major shirk if he believes that the thing being sworn by is equal to Allaah in exaltation, otherwise it is minor shirk.

🔹Our sheikh (Yahya) may Allaah preserve him said: minor shirk does not expel one from the fold of Islam, and those who perpetrate major sins are from the Muslims and they are monotheists underneath the will of Allaah.

*The opinion of the majority in this affair is what is correct*

↪️ Ibn Jaarood, may Allaah have mercy on him, mentioned two hadiths concerning the prohibition of swearing by the forefathers and false deities.

*The narration of Ibn Mas'ood: that he said: 

"That I swear by Allaah whilst lying is more beloved to me than swearing by other than Allaah telling the truth."* 

↪️ Therefore the prohibition of swearing by other than Allaah is in five hadiths and one authentic narration.

1 - Hadith of 'Abdullah bin 'Umar Agreed upon.

2 - Hadith 'Umar Agreed upon.

3 - Narration of Ibn Mas'ood authentic.

4 - Hadith 'Abdurrahman bin Samurah with Muslim.

5 - Hadith Abee Hurairah, may Allaah be pleased with him, authentic hadith in the sunan.

6 - Hadith Qutailah bint Saify Al-Juhaniyyah in Sahih Al-Musnad of our Shaykh Al-Waadi'ee.

🔹*The reason for the prohibition of swearing by other than Allaah*

An-Nawawi, may Allaah have mercy on him, said in the explanation of Muslim and Al-Haafith Ibn Hajr at this hadith: "The scholars said: "The secret behind the prohibition of swearing by other than Allaah is that swearing by something necessitates veneration of it.

*{Complications that arise at this hadith and the response to them}*

Hadith Talhah bin 'Ubaidillah said: a man came to the Messenger of Allaah ﷺ with shabby hair, we heard the murmuring of his voice but did not understand what he was saying until he came close to the Messenger of Allaah ﷺ and he was asking about Islam, so the Messenger of Allaah ﷺ said, "Five prayers during the night and day", so he said, "Is there anything other than that upon me?" He said, "No, except that you do voluntary, and fasting the month of Ramadhan", he said, "Is there anything other than that upon me?" He said, no except that you do voluntary and the Messenger of Allaah mentioned Zakaat, he said, "Is there anything else upon me", he said no except that you do voluntary, so the man turned and was saying, "By Allaah i will not increase upon this nor decrease from it", so the Messenger of Allaah ﷺ said, "He will be successful if he is truthful."

I was informed by Yahya bin Ayyuub and Qutaybah bin Sa'eed, both from Isma'eel bin Ja'far from his father from Talha bin 'Ubaidillaah from the Prophet ﷺ with this hadith the likes of of the hadith of Malik except that he said: so the Prophet ﷺ said: He, by his father will be successful if he spoke the truth, or he, by his father will enter Jannah if he spoke the truth.

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*📌 The addition "He will be successful, by his father if he's truthful, this addition is found in Muslim, the scholars took many standpoints concerning it*

↪️ The most correct opinion is that it is an irregular narration not preserved, and upon this being that which is considered most correct is Ibn Ul-Jawzi, and Ibn 'Abd-Al-Barr, and Al-Albani deemed it defectious and Ibn Baz, may Allaah have mercy on them all.

And that Ismaa'eel bin Ja'far narrated it as Malik narrated it without the addition.

And Ismaa'eel made a mistake in this addition and added it in this narration

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⬇️ Ibn Baz, may Allaah have mercy on him, was asked: 

What is the ruling on swearing by other than Allaah?

Question: Is it allowed to swear by the Prophet ﷺ?

Answer: 

It is not allowed to swear by anything of the creation, nor by the Prophet ﷺ or by the Ka'bah or by the trust (Amaanah) or other than that according to the opinion of the majority of the people of knowledge, rather some of them transmitted a consensus, and indeed a irregular differing has been reported in allowing (to swear) by the Prophet ﷺ, and it is a statement which has no angle (of correctness) to it, rather it is falsehood, and opposing what has preceded from the consensus of the people of knowledge, and opposing the authentic hadiths which have come concerning that, and from it is what the two sheikhs (Bukhari and Muslim) have reported on the authority of the leader of the believers 'Umar bin Al-Khattaab, may Allaah be pleased with him, that the Prophet ﷺ said: 

"Verily Allaah prohibits you from swearing by your forefathers, so whoever intends to swear, then let him swear by Allaah or be quiet", and in the two Saheehs on the authority of Abee Hurairah may Allaah be pleased with him that the Prophet ﷺ said: 

"Whoever swears and says in his swearing Al-laat or Al-Uzzah, then let him say: "Laa ilaaha illa Allaah," and the reason for that is that the one swearing by other than Allaah came with a type of shirk, so the expiation is to come with the word of tawheed with truthfulness and sincerity to expiate what took place from him of shirk.

Tirmidhi and Al-Hakim reported with an authentic chain on the authority of Ibn 'Umar, may Allaah be pleased with them both, that the Prophet ﷺ said: "Whoever swears by other than Allaah then he has disbelieved or committed shirk," and Abu Dawud reported from the hadith of Buraidah bin Al-Haseeb that the Prophet ﷺ said: 

"Whoever swears by the trust then he is not from us," and on the authority of Abee Hurairah that the Prophet ﷺ said: 

"Do not swear by your forefathers nor by the false deities and do not swear by Allaah except in speaking the truth." Reported by Abu Dawud and An-Nasaa'ee.

↪️ And from those that narrated a consensus on the prohibition of swearing by other than Allaah is Al-Imam Abu 'Umar bin 'Abdil-Barr An-Nimree, may Allaah have mercy on him, and the people of knowledge have used the wording (karaahah) "dislike" on it and it is incumbent to understand this as the meaning of prohibition, acting upon the text in this and having good thoughts about the people of knowledge, and some of those who were negligent saw it permissible using as a proof what has come in Sahih Muslim that the Prophet ﷺ said concerning the one that asked about the laws of Islam: "He, by his father will be successful if he's truthful.

↪️ Answer: That this narration is irregular and in opposition to the authentic hadiths, it is not allowed to rely on it, and this is the ruling of (shaadh) irregular with the people of knowledge, and it is the single narrator whom has opposed a large group of trustworthy narrators, and it is possible that this wording is a mistake as mentioned by Ibn 'Abdil-Barr, may Allaah be have mercy on him, and that the origin of affairs is he will be successful ( by Allaah ) then some writers and narrators made a mistake and changed it.

Or it is possible that the Prophet  ﷺ said it before the prohibition on swearing by other than Allaah, anyhow the narration is singular, irregular, it is not allowed for the one who believes in Allaah and the last day to hold on to it and oppose the authentic explicit hadiths leading to the prohibition of swearing by other than Allaah and that it is impermissible and shirk.

And An-Nasaa'ee reported with an authentic chain of narration on the authority of Sa'd bin Abee Waqqaas that he swore by Al-Laat and Al-Uzzah, so he asked the Prophet ﷺ about that so he said: "Say Laa ilaaha illa Allaah there is no partner unto Him, to Him belongs the dominion and praise and He is capable of doing all things and blow on your left side three times, and seek refuge from the accursed Shaytaan and

do not return (to saying it)." This wording affirms the severity of the prohibition of swearing by other than Allaah and that it's shirk and from the instigations of Shaytaan, and it contains the explicit mention of prohibition of returning to (saying) that. 

I ask Allaah to bestow upon us and you understanding in his religion and upright intention and action, and to grant us and the Muslims refuge from following desires and temptations of the Shaytaan, verily He is All-Hearing All-Near. May Allaah protect us and you and Assalaam Alaikum wa Rahmatullahi wa Barakatuh.

↪️ Similar to this is the hadith of Abee Hurairah, may Allaah be pleased with him, worded:

 {By your father you will surely be informed} 

Al-Albani, may Allah have mercy on him, declared it defectious because it opposes authentic hadiths.

And sucess is granted by Allaah.

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Transcribed to Arabic and summarised by:

By Hamood Ath-Thawaabi

- may Allah reward him with good -

on the 18th, Muharram, 1440H

Translated by: 

Abu 'Abdillah 'Omar bin Yahya Al-'Akawi

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