Is an oath binding when sworn by a created being?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 1 · Bab 1

Open in Qurani

Primary text

An oath is not established by swearing by a created being, such as the Kaaba, the Prophets, or any other creation. Consequently, breaking such an oath does not necessitate expiation (Kaffarah). This is the apparent position of Al-Khiraqi and the majority of jurists. The basis for this position is the Prophet's statement: "Whoever is to swear an oath, let him swear by Allah or remain silent." Furthermore, swearing by other than Allah does not necessitate expiation, just as is the case with other prophets. Since the created being is not Allah, no expiation is due, similar to swearing by Prophet Ibrahim (peace be upon him). Finally, since swearing by a created being is neither explicitly mentioned in the texts nor covered by the meaning of explicit texts, one cannot validly analogize the name of a created being to the name of Allah due to the lack of similarity and non-equivalence.

Supporting text

The scholars of our school hold that swearing by the Messenger of Allah (peace be upon him) establishes an oath that necessitates expiation. It is reported from Ahmad that if someone swears by the right of the Messenger of Allah (peace be upon him) and breaks it, expiation is due. This is because swearing by the Messenger is one of the two conditions of the testimony of faith (Shahada), thus making it equivalent to swearing by the name of Allah the Exalted.