Does swearing by a verse or the very words of God constitute a binding oath requiring expiation upon breaking it?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Swearing by any part of the Quran, or by the words of God, constitutes a binding oath (*yamin mun'aqidah*) upon which expiation (*kaffarah*) becomes obligatory if broken. This is the position held by Ibn Mas'ud, Al-Hasan, Qatadah, Malik, Ash-Shafi'i, Abu Ubayd, and the majority of scholars. The evidence for this is that the Quran is the uncreated speech and an attribute of God's Essence, thus validating an oath by it, similar to swearing by 'By the Majesty of God' or 'By the Greatness of God'. Furthermore, swearing by a single verse is equivalent to swearing by the entire Quran because every part of it is the Word of God Almighty. This is supported by the tradition narrated from Ibn Umar, where the Prophet, peace and blessings be upon him, said, 'The Quran is the speech of God, uncreated,' and the interpretation of Ibn Abbas regarding Quran 39:28 (Surah Az-Zumar) as meaning 'uncreated.'
Supporting text
Abu Hanifah and his school hold that swearing by the Quran is not a formal oath, and therefore no expiation is required upon breaking it. Some among them claimed the Quran is created, while others stated that swearing by it is not customarily practiced for oaths.