What is the ruling if one says 'I swear,' 'I took an oath (Aleytu),' or 'I testified' to do something without mentioning the name of Allah?
General Chapter
Al-Mughni
Book of Oaths
Primary text
There are two narrations from Ahmad concerning the statement 'I swear (Uqsimu),' 'I took an oath (Aleytu),' or 'I testified (Shahidtu)' to do something without mentioning Allah. One narration holds that it is an oath regardless of intention, supported by reports from Umar, Ibn Abbas, Al-Nakh'i, Al-Thawri, and Abu Hanifa and his companions. The second narration from Ahmad states it is only an oath if one intends an oath by Allah, otherwise it is not, which is the view of Malik, Ishaq, and Ibn Al-Mundhir. This second view reasons that the term can imply swearing by something other than Allah, thus requiring the intention to direct it towards an oath requiring expiation.
Supporting text
Al-Shafi'i holds that it is not an oath even if the intention is present, a view supported by 'Ata, Al-Hasan, Al-Zuhri, Qatadah, and Abu Ubayd, because it lacks the name or attribute of Allah, similar to saying, 'I swear by the Kaaba.' The counter-argument is that established religious and customary usage implies swearing by Allah, evidenced by Abu Bakr addressing the Prophet (PBUH) with 'I swear to you, O Messenger of Allah,' and the Prophet (PBUH) accepting the oath of Al-Abbas. Furthermore, the Quran refers to the hypocrites' declarations as 'their oaths' (Quran 63:2), which the Prophet (PBUH) also termed a division (Qasam).