What is the ruling on swearing by 'Covenant' (Al-'Ahd) or 'God's Covenant'?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Swearing by the Covenant, or saying 'And God's Covenant,' or 'And His guarantee' constitutes an oath that requires expiation if violated. This is the position of Al-Hasan, Tawus, Al-Sha'bi, Al-Harith Al-Ukli, Qatadah, Al-Hakam, Al-Awza'i, and Malik. Aisha, may Allah be pleased with her, swore by the Covenant not to speak to Ibn Al-Zubayr, and when she did, she manumitted forty slaves. Ahmad considered the Covenant severe, citing ten instances in the Quran where fulfillment is commanded, such as in {And fulfill the covenant. Indeed, the covenant is that which is ever in question} [Quran 17:34].
Supporting text
Ata, Abu Ubayd, and Ibn al-Mundhir rule that it is not an oath unless the speaker intends it as such. Al-Shafi'i states it is only an oath if the intention is to swear by the Covenant of God, which is one of His attributes. Abu Hanifa rules it is not an oath, possibly reasoning that the Covenant is an attribute of action and thus not a valid basis for an oath, similar to saying 'And God created.' If one says, 'Upon me is God's Covenant and Pledge that I will do X,' and breaks it, Abu Hanifa agrees expiation is due. If one says, 'The Covenant and the Pledge I will do X,' and intends the Covenant of God, it is an oath because the intention was to swear by an attribute of the Almighty.