Fathwa, - Explanation of swearing by other than Allaah in some Ahaadeeth

Question
assalamu alaykum.dear sheikh,may Allah reward you.what is the correct
explanation of the hadithin which the prophet said ) by his father he
would be succesful if he were truthful( transmitedby muslim.it was
also recorded in musnad vol.5page 225 that the prophet said)i swear by
my life commanding good and forbiding evil is better than keeping
silent(.while it is haram to swear with any being except Allah
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
MuhammadisHis slave and Messenger.
It is confirmed in the authentic Sunnah that it is forbidden to swear
by other than Allaah. As regards what you mentioned, it is to be
interpreted in a correct way which is in conformity with the
aforementioned.
In regard to the first Hadeeth,Ibn Hajarsaid in his interpretation of
SaheehAl-Bukhaari: "If one asks how to reconcile between this and the
prohibition of swearing by other than Allaah, then the answer isthat
this was before being prohibited or that it is a word that one utters
out of habit while not intending to swear, like what the Arabs used to
say 'Aqra Halqa )may you be wounded and your head shorn( and thelike,
or that there is an omission of the phrase "the Lord of"; it is as if
one says 'By the Lord of his father…', and it was also said that this
is a specific case and needs evidence.…..However, thestrongest answers
are the first two."
As regards the other Ahaadeeth where the expression 'by my life' is
mentioned, then Mulla'Ali Al-Qaarisaid in Mirqaat Al-Mafaateeh: "If
one asked: 'how would I swear by other than the Name of Allaah and His
Attributes', we would say:'This does not mean to swear, but this is
something which he )the Prophet( uttered according to their )the
Arabs'( habit."
Similarily,Shaykh 'Abdul-Muhsin Al-'Abbaadsaid inhis interpretation of
SunanAbu Daawood: "'By my life' is not swearing; rather, it is an
expression to emphasize one's statement; so one utters it to emphasize
his statement, similar to his saying: 'no doubt' or 'verily' and other
expressions by which onestresses a statement, and it is not swearing
at all. Itis mentioned in the Hadeeth of the Prophetand the statements
of the Companionsand itwas also mentioned in the statements of the
Taabi'is after them.
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