Al-Baqarah: (225) Allah will not hold you accountable...

In this verse, there are two main issues:

The First Issue: The Meaning of Al-Laghw (Idle Talk/Vain Oath)

Linguistically: Laghw refers to that which is insignificant and not taken into account, whether it is speech or something else.

Evidence for the use of this word in speech comes from the Quran, Hadith, and linguistic usage:

1. Quranic Verses:
   • "And when they hear idle talk, they turn away from it." (Al-Qasas: 55)
   • "In it they will hear neither idle talk nor falsehood." (Al-Waqi'ah: 25)
   • "Do not listen to this Qur'an..." (Fussilat: 26) (Note: The text seems to quote a verse where laghiyah is used, likely referring to idle or vain speech).
   • "...hearing nothing idle therein." (Al-Ghashiyah: 11)
   • Regarding "And when they pass by idle talk, they pass by with dignity" (Al-Furqan: 72), it can mean passing by idle speech or idle actions.
2. Hadith: The Prophet (PBUH) said: "Whoever tells his companion, 'Be quiet,' while the Imam is delivering the sermon on Friday, has engaged in laghw (idle talk)."
3. Linguistic Usage: It is said that a bird laghā yalghū laghwan if it chirps, and the chirping of a bird is called laghw. Furthermore, laghw is used for the young camels that are not highly valued. Poets like Jarir and Al-'Ajaj used the term in this sense (referring to something insignificant or rejected).
4. Al-Farra' stated that Al-Laghā is the masdar (verbal noun) of laghayta, while Al-Laghw is the masdar of laghawta.

Exegesis (Tafsir): Exegetes have mentioned several views on the meaning of laghw al-aymān (idle oaths):

View 1: Imam Al-Shafi'i's Opinion

• Laghw is saying things like "No, by Allah" (lā wallāh) or "Yes, by Allah" (balā wallāh) when confirming speech, without the speaker intending to swear an oath. They use these phrases habitually to emphasize, not intending to bind themselves by an oath. If one of them were accused of swearing a thousand times in the Sacred Mosque, he would deny it, perhaps admitting only to saying "No, by Allah" a thousand times habitually.

View 2: Imam Abu Hanifa's Opinion

• Laghw is swearing an oath about something the person believes to be true at the time, but it later turns out to be false.

The Consequence of the Difference:

• Al-Shafi'i holds that there is no expiation (kaffārah) for the habitual utterance ("No, by Allah").
• Abu Hanifa holds the opposite: expiation is required for swearing falsely about the past, while the habitual utterance might not require it (based on his interpretation of the context).

Adherents:

• Shafi'i's view: Supported by 'A'ishah, Al-Sha'bi, and 'Ikrimah.
• Abu Hanifa's view: Supported by Ibn 'Abbas, Al-Hasan, Mujahid, Al-Nakha'i, Al-Zuhri, Sulayman ibn Yasar, Qatadah, Al-Suddi, and Makhul.

Arguments for Al-Shafi'i's View (Habitual Utterance is Laghw)

Argument 1:

• The Hadith narrated by 'A'ishah (RA) from the Prophet (PBUH): "The laghw of the oath is a man saying in his speech: 'No, by Allah,' 'Yes, by Allah,' or 'No, by Allah.'"
• It is narrated that the Prophet (PBUH) passed by some people practicing archery. A companion with him shot an arrow, saying, "I hit it, by Allah!" then missed, and then said, "He missed." The companion asked, "Did that man break his oath, Messenger of Allah?" He replied, "All the oaths of the archers are laghw; there is no expiation or penalty for them."
• 'A'ishah also said that the laghw oaths are those made in jest, argument, or dispute, where the heart is not truly committed. The statement of a Companion interpreting God's word is evidence.

Argument 2:

• The verse states: "Allah will not hold you accountable for the laghw in your oaths, but He will hold you accountable for what your hearts have earned."
• This structure implies that laghw al-yamin is the opposite of what is earned by the heart.
• What is "earned by the heart" is what a person intends seriously and commits their heart to.
• Therefore, laghw, being its opposite, must be what a person does not intend seriously and does not commit their heart to—which is the habitual utterance ("No, by Allah," "Yes, by Allah").
• If a person swears seriously about a past event that turns out false, they intended to confirm their own statement and committed their heart to it; thus, it is certainly not laghw, but rather something earned by the heart.

Argument 3:

• The preceding verse (2:224) forbids making Allah a target for oaths ("And do not make Allah an excuse in your oaths"). We established this means prohibiting excessive swearing.
• Those who habitually say "No, by Allah" certainly swear frequently.
• Allah mentions immediately after prohibiting excessive swearing the case of those who swear habitually without serious intent, clarifying that there is no accountability or expiation for them. Imposing expiation would either force them to stop speaking or burden them with expiation every moment, both of which constitute undue hardship in religion.
• Thus, interpreting laghw as the habitual utterance fits perfectly with the preceding verse. Abu Hanifa's interpretation does not fit the context as well, making Al-Shafi'i's interpretation superior.

Arguments for Abu Hanifa's View (Falsehood about the Past is Laghw)

Argument 1:

• The Hadith: "Whoever swears an oath and then sees something else better than it, let him do what is better and then offer expiation for his oath." This indicates that expiation is obligatory upon the one who breaks the oath (hānith) absolutely, without distinguishing between serious intent (jidd) or jest (hazl).

Argument 2:

• An oath (yamin) is a legal concept that cannot be revoked (faskh), so intent is not considered, similar to divorce (talāq) or manumission ('itāq). These two arguments necessitate expiation even for habitual utterances if the oath is broken.

Further Support for Abu Hanifa's View (Linguistically):

• The word yamin (oath) linguistically means strength or power (as in poetry: "When a banner is raised for glory, 'Urabah meets it with al-yamin [strength]").
• The purpose of an oath is to strengthen the side of fulfilling the promise over breaking it. This strengthening is only applicable when the oath concerns a future action.
• If the oath concerns the past, it cannot be strengthened, as the past is fixed. An oath about the past is devoid of the intended purpose (strengthening) and is therefore laghw.
• An oath about the future is capable of being strengthened and is not devoid of purpose, so it is not laghw.

Third View on Laghw

• It is swearing to abandon an act of obedience or commit an act of disobedience. This is the sin itself.
• The verse says: "And when they hear idle talk, they turn away from it," implying Allah does not hold them accountable for leaving these oaths. Then He says, "but He will hold you accountable for what your hearts have earned," meaning for persisting in what you swore to do (abandon obedience or commit sin).
• Weakness of this view:
  1. The accountability mentioned here is explained in the verse of Al-Ma'idah (5:89): "...but He will hold you accountable for what you intended by your oaths; its expiation is..." Since accountability here means imposing expiation, and expiation is obligatory in the case of breaking an oath to commit sin, this interpretation contradicts the verse's context.
  2. Allah contrasts laghw with what the heart earns. Persistence in a past action is not described as "earning of the heart," which implies initiating a new action.

The Second Issue: Evidence regarding the Sinful Oath (Al-Yamin Al-Ghamus)

Imam Al-Shafi'i used this verse as evidence for the obligation of expiation for the Yamin Al-Ghamus (a false oath taken deliberately about the past).

1. Allah mentions here: "...but He will hold you accountable for what your hearts have earned."
2. In the verse of Al-Ma'idah (5:89), He says: "...but He will hold you accountable for what you intended by your oaths ('aqadtu al-aymān)."
3. The term 'aqd (intention/binding) can mean the commitment of the heart or the binding that contradicts truthfulness. By mentioning "what your hearts have earned" here, we know that 'aqd refers to the commitment of the heart.
4. Furthermore, accountability is mentioned here without specifying what it is, but it is clarified in Al-Ma'idah: "...its expiation is..." Thus, accountability means expiation.
5. Each verse is ambiguous in one aspect and clear in another, making them mutually explanatory.
6. From both verses, it is established that for every oath made seriously and with heart commitment, expiation is obligatory. The Yamin Al-Ghamus falls under this category, so expiation is obligatory for it.

Regarding the Conclusion: "Allah is Forgiving, Merciful"

• Al-Ghafur (Forgiving): An intensive form indicating the concealment of sins and the dropping of their punishment.
• Al-Halim (Forbearing/Clement): Linguistically, Hilm means patience and stillness. It is said, "Place the litter on the ahlam (most steady) of camels." Hilm is related to stillness. The meaning of Al-Halim concerning Allah is that He does not hasten punishment, but rather delays the punishment of disbelievers and sinners.

(The Tenth Ruling concerning Iylā' and Divorce)

*7. {For those who swear off from their wives, there is a waiting period of four months. But if they return [to their wives], then indeed, Allah is Forgiving and Merciful. But if they are resolved on divorce, then indeed, Allah is Hearing and Knowing.}