Is redeeming an oath preferable to taking an oath before a judge when one is truthful?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
Redeeming an oath is considered more virtuous than swearing before a judge, even when truthful. This is based on the practice of Uthman, who redeemed his oath fearing divine retribution for swearing, even if truthful. Moreover, swearing before a judge carries the risk of apparent falsehood or divine punishment for a perceived false oath, whereas the loss of wealth through redemption yields a reward. The wealth lost is a benefit to the Muslim brother in this world, and compensation is due in the Hereafter.
Supporting text
Some scholars argue that swearing is preferable to redeeming the oath. This position is supported by the precedent of Umar swearing to protect his wealth and prevent the abandonment of swearing oaths to affirm rights, and the Hadith where the Prophet (peace be upon him) advised a man to swear and take his due right.