From whom is a valid oath established?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 2 · Bab 1

Open in Qurani

Primary text

A valid oath is established only from a legally responsible person (mukallaf) who is choosing freely and intending to take an oath. It is not valid from someone who is not legally responsible, such as a child, an insane person, or one who is sleeping, based on the saying of the Prophet (peace be upon him): "The pen is lifted from three [people]." Moreover, an oath involves a duty regarding a right, thus it cannot be validly uttered by one who is not legally responsible.

Supporting text

There is a dissenting opinion held by Abu Hanifa who states that an oath taken under duress is valid because it is the utterance of a legally responsible person, similar to an oath taken voluntarily. Malik and Al-Shafi'i hold that it is not valid.