Is it permissible for one upon whom an oath is sworn, or to whom an oath is directed, to swear if they are truthful?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
It is permissible to swear when an oath is incumbent upon the individual or directed toward them, and there is no sin or consequence attached to it. This is because Allah legislated the oath, and He does not legislate what is forbidden. Allah commanded His Prophet (peace be upon him) to swear to the truth in three places in His Book. Umar swore an oath regarding date palms belonging to Abu Ali, and then gifted them, stating he feared that if he did not swear, people would abstain from swearing oaths regarding their rights, thus establishing a detrimental precedent (Sunnah). Imam Ahmad ibn Hanbal affirmed this position when faced with a similar demand from his cousin regarding an inheritance right, stating that since he was certain of his innocence and Umar had sworn an oath, he should swear. Swearing is deemed superior by some because it serves two benefits: preserving one's wealth from being lost, which the Prophet (peace be upon him) prohibited, and releasing the oppressor brother from his injustice and wrongful acquisition of wealth, which constitutes sincere advice and support.
Supporting text
The preferred position among the scholars is to redeem (redeem the oath by paying compensation) rather than swearing the oath. Uthman redeemed his oath because he feared that swearing might coincide with divine decree, leading to him being punished for a false oath or for the oath itself being considered ominous. Furthermore, swearing before a judge involves humiliation, and one cannot be safe from accidentally swearing falsely, leading to an implication of having been punished for lying under oath. In contrast, the loss of wealth results in reward, and the Muslim brother benefits from that wealth in this life, with recompense due in the Hereafter. Umar's action in swearing was based on the fear of establishing a precedent (Sunnah) that would cause people to abandon swearing on their rightful claims.