What governs the validity and interpretation of an oath (Yamin)?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 2 · Bab 1

Open in Qurani

Primary text

The validity and interpretation of an oath are fundamentally based on the intention (Niyyah) of the swearer. If the swearer intended a meaning encompassed by the literal wording, the oath is determined by that intention, regardless of whether it aligns with the apparent meaning or contradicts it. Alignment occurs when the general term is intended generally, the absolute term absolutely, and other words according to their common understanding. Contradictory intentions include applying a general term to a specific item, specifying a time frame for an absolute act, or employing rhetorical equivocation (Ma'areed) to convey a meaning different from what the listener perceives.

Supporting text

The intention can also involve applying a specific term to a general meaning, such as using a phrase excluding a specific instance of benefit (like one piece of cloth) to encompass all benefit derived from that source. The Hanbali school supports this reliance on intention, citing the Prophet's saying, "Actions are only by intentions," and arguing that the literal wording is directed towards what was intended, making the oath established upon the intention. The opinion of Malik supports this view.