What is the ruling if a person says, "I have an oath upon me" (Alayya yamin) and intends to convey that an oath exists, but does not use the formulation of swearing?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a person states, "I have an oath upon me" (Alayya yamin) and intends this as a factual report that an oath binds him, the ruling is the same as the previous issue, meaning no expiation is due if no oath was actually sworn. However, if the person intends this phrase to constitute the oath itself, then it is considered an oath according to Abu al-Khattab and the scholars of the Hanafi school (Ashab al-Ra'y). The basis for this view is that the statement is an allusion (Kinayah) to the oath, and since the oath was intended, it takes the ruling of the explicit form.
Supporting text
Al-Shafi'i holds that this statement is not an oath because it does not contain the honored name of God or one of His attributes, and thus lacks the necessary formulation. This latter opinion is deemed sounder, as the phrasing is one of reporting, not swearing. Consequently, it does not constitute an oath, and even if its effect were established, it would only amount to a minor type of oath (yamin ma), which does not necessarily require expiation.