Is the utterance "La 'umr Allah" (By the life of Allah) an oath requiring expiation?
General Chapter
Al-Mughni
Book of Oaths
Primary text
The utterance "La 'umr Allah" constitutes a binding oath requiring expiation (kaffarah). This is the ruling established by Abu Hanifa. The evidence rests on the fact that the speaker is swearing by an attribute of Allah's essence, which is equivalent to swearing by the perpetuity or life of Allah (Al-'Umr and Al-'Umr are synonymous). This phrase has established usage and context within religious custom (Sha'r) and general usage, as evidenced by its presence in the Quran (Quran 15:72) and numerous poetic verses. The claim that this phrase requires an implied presupposition (taqdir) to function as an oath is invalid, because when a term becomes well-known through custom, it must be interpreted according to that customary meaning over its original linguistic meaning. Furthermore, if an interpretation requires a presupposition, that presupposition must be maintained, not discarded, as shown by implied meanings in other established contexts, such as in Quranic verses like "And ask the town" (Quran 12:82) and "They were made to drink the calf in their hearts" (Quran 2:93).
Supporting text
Al-Shafi'i holds that it is an oath requiring expiation only if the speaker intended it as an oath; otherwise, it is not an oath. This latter view is chosen by Abu Bakr, because it requires the presupposition of a deleted statement, essentially meaning "By the life of Allah, which I swear by," making it a figurative expression (majaz) which should not be taken as an absolute oath.