Are statements like 'I swear by Allah,' 'I testify by Allah,' or similar formulations considered oaths requiring expiation?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Statements like 'I swear by Allah,' 'I testify by Allah,' 'I take an oath by Allah,' or variations thereof, constitute an oath, whether the speaker intends it as an oath or speaks generally, based on established usage in Sharia exemplified in Quranic verses like (Quran 5:106 and Quran 6:109) and the practice of mutual cursing (Li'an). If the action is stated in the past tense, such as saying, 'I swore by Allah,' or if the speaker claims they intended merely to report a past oath or speak of a future one, no expiation is due. If the speaker claims this intent, they are accepted in matters between them and Allah. However, the judge may not accept such a claim if it contradicts the apparent meaning, according to some Shafi'is.
Supporting text
If someone says, 'I testify by Allah that I believe in Allah,' it is not an oath. If one says, 'I resolve by Allah' to do something, and intends an oath, it is an oath. If spoken generally, the apparent view of Al-Kharqi and Ibn Hamid supports it being an oath, while Abu Bakr and Al-Shafi'i argue it is not an oath because it lacks established religious usage and its literal meaning implies resolution rather than an oath.