Is swearing by the Trust of God (Amanat Allah) a binding oath requiring expiation?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Swearing by the Trust of God (Amanat Allah) constitutes a binding oath requiring expiation. This is the position held by Abu Hanifa. The evidence for this is that the Trust of God is understood as one of God's Attributes. If it is held to be an attribute of God, it must be interpreted as such when used absolutely, as interpreting it otherwise would divert the Muslim's oath towards sin or dislike, since swearing by a created thing is generally disallowed. Furthermore, oaths are customarily taken by that which holds the greatest sanctity and honor, and God's Attribute surpasses all else in sanctity. Additionally, the phrase is general, encompassing all of God's trusts, and when a common noun is ascribed to a definite noun, it signifies totality (Istighraq), thus including the Trust of God which is His attribute.
Supporting text
Al-Shafi'i maintains that the oath is not constituted unless the speaker specifically intends the oath to refer to an attribute of God. This is because the term 'Amanah' (Trust) can refer to religious obligations, deposits, or rights. Since the wording is ambiguous, it must be restricted by intention or a clear contextual indicator. Evidence cited against the main view includes Quran 33:72 regarding the عرض (offering) of the Amanah to the heavens and earth, Quran 4:58 concerning the rendering of trusts (deposits and rights), and the Prophet's saying: 'Render the trust to whomever entrusted it to you, and do not betray whomever betrayed you.'