What is the ruling regarding an oath involving disavowal of Islam or belief?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a person swears by declaring themselves an apostate, such as saying, 'He is a Jew, or a Christian, or a Magian, if I do such-and-such,' or 'I am absolved from Islam, or from the Messenger of Allah, or from the Quran, if I do so,' or similar statements involving worshipping the cross or worshipping other than God, then there is an obligation of expiation upon violation according to one narration from Ahmad. This view is narrated from Ata, Tawus, Al-Hasan, Al-Sha'bi, Al-Thawri, Al-Awza'i, Ishaq, and the People of Opinion, and is narrated from Zayd bin Thabit, may Allah be pleased with him. The basis for this ruling is the narration that the Prophet, peace be upon him, ruled that one who swears by saying, 'He is a Jew, or a Christian, or a Magian, or absolved from Islam,' and violates the oath, 'has upon him the expiation of an oath.' Furthermore, dissociation from these things implies disbelief in God, thus making the oath akin to swearing by God Almighty.
Supporting text
A second narration holds that there is no expiation, supported by Malik, Al-Shafi'i, Al-Layth, Abu Thawr, and Ibn al-Mundhir, because the oath was neither by God's name nor His attribute, so no expiation is due, similar to saying, 'I disobeyed God in what He commanded.' Ahmad's first narration may be interpreted as recommending expiation rather than obligating it, as he stated regarding saying, 'I deny God,' or 'I commit polytheism against God,' that it is preferable to offer the expiation of an oath if the oath is violated. The second narration is deemed sounder because obligation stems from the Lawgiver, and no explicit text covers this oath, nor does it clearly fit the analogy of the explicitly mentioned cases, as expiation for swearing by God's name is due to magnify His Name, an element not fully present here.