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Wednesday, October 12, 2016

General Dought & clear, - * The science of hadith is based on reason and shar‘ia guidelines














Do the principles of the sciences of Hadeeth have a basis in the Quraan and Sunnah? For example, is there any evidence speaking of the legislated nature of using the isnaad, or guidelines about how to differentiate the saheeh from the daeef and the correct from the shaadhdh and is there evidence speaking about the legislated nature of Al-Jarh Wat-Ta'deel? Or is it that the Muhaddithoon made these themselves for the purpose of trying to preserve the sunnah, even if they did not find evidence for it from the Qur'aan and the Sunnah?
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Praise be to Allah
The science of hadith is basically and in principle founded on rational guidelines, with a methodology based on an accumulation of experience attained by the hadith scholars on the basis of many years’ experience of narrating reports and checking their authenticity and soundness. They attained the basis of this knowledge through lengthy involvement in checking reports, seeking them out, conveying them, examining them and determining whether there were any faults in them, thus gradually developing the general guidelines and framework of the science of hadith. Al-Khateeb al-Baghdaadi said: Distinguishing the soundness of hadith is a kind of knowledge that Allah, may He be exalted, creates in people’s hearts after they have spent a great deal of time in this field and have attained lengthy involvement therein.
Al-Jaami‘(2/255).
But at the same time, these general guidelines – in their general philosophy, but not in their minor details – are derived from some shar‘i principles that are mentioned in the texts of the Qur’an and Sunnah. There are general shar‘i texts that outline to the scholars of hadith the basic principles of the science of history and reports. As for the details, they were left to be developed through the accumulation of practice and experience, as referred to above.
Some of these general shar‘i principles are as follows:
1. The stern prohibition on lying about hadiths (narration from the Prophet (blessings and peace of Allah be upon him)), as the Prophet (blessings and peace of Allah be upon him) said: “Lying about me is not like lying about anyone else. Whoever tells a lie about me deliberately, let him take his place in Hell.” Narrated by al-Bukhaari (1295) and Muslim (4 – in the Introduction to hisSaheeh).
2. Not accepting the report of an evildoer. Allah, may He be exalted, says (interpretation of the meaning):“O you who believe! If a Fasiq (liar — evil person) comes to you with any news, verify it, lest you should harm people in ignorance, and afterwards you become regretful for what you have done” [al-Hujuraat 49:6].
3. Stipulation that the narrator should be of good character, by analogy with the requirement for a witness to be of good character. Allah, may He be exalted, says (interpretation of the meaning):“And take as witness two just persons from among you (Muslims). And establish the testimony for Allah” [at-Talaaq 65:2].
4. Constant verification and checking. Allah, may He be exalted, says (interpretation of the meaning):“And follow not (O man i.e., say not, or do not or witness not) that of which you have no knowledge. Verily! The hearing, and the sight, and the heart, of each of those one will be questioned (by Allah)” [al-Isra’ 17:36].
5. Warning against odd and weird reports. It was narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “At the end of time there will be liars and charlatans who will bring ahaadeeth that neither you nor your forefathers ever heard. Beware of them and stay away from them, and do not let them mislead you or confuse you.” Narrated by Muslim in the Introduction to hisSaheeh(7).
6. Refraining from knowingly narrating a report that is a lie, as the Prophet (blessings and peace of Allah be upon him) said: “Whoever narrates a hadeeth from me knowing that it is false is one of the liars.” Narrated by Muslim in the Introduction to hisSaheeh.
7. Precise memorisation is the basis of trustworthiness. The Prophet (blessings and peace of Allah be upon him) said: “May Allah bless a man who hears a hadeeth from us and memorizes it so that he can convey it to others, for perhaps he is conveying it to one who will understand it better than him, and perhaps the one who conveys knowledge does not understand it himself.” Narrated by Abu Dawood in hisSunan(3660).
8. Warning against putting oneself under suspicion by narrating a lot of weird reports and not being selective in what one narrates. It was narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “It is sufficient lying for a man to speak of everything that he hears.” Narrated by Muslim in the Introduction to hisSaheeh.
9. Seeking evidence and proof. Allah, may He be exalted, says (interpretation of the meaning):“Say (O Muhammad (blessings and peace of Allah be upon him)), ‘Produce your proof if you are truthful’” [al-Baqarah 2:111].
10. Seeking certain knowledge, far removed from speculation and illusion. Allah, may He be exalted, says (interpretation of the meaning):“But they have no knowledge thereof. They follow but conjecture, and verily, conjecture is no substitute for the truth” [an-Najm 53:28].
Some of these texts were quoted as evidence by Imam Muslim (may Allah have mercy on him) in the Introduction to hisSaheeh(p. 7), where he said:
You should know, may Allah guide you, that it is obligatory for everyone who can distinguish between sound and unsound reports, and between trustworthy and dubious narrators, not to narrate any report unless he is sure of the soundness and honesty of their narrators, and to avoid those which are narrated by dubious narrators and those who stubbornly follow bid ah (innovation).
The evidence for what we are saying and that it should not be any other way is the words of Allah, may He be blessed and exalted:
“O you who believe! If a Faasiq (liar — evil person) comes to you with any news, verify it, lest you should harm people in ignorance, and afterwards you become regretful for what you have done”
[al-Hujuraat 49:6]
“such as you agree for witnesses”
[al-Baqarah 2:282]
“And take as witness two just persons from among you (Muslims)”
[al-Talaaq 65:2].
The verses that we have quoted prove that the report of a faasiq (liar or evil person) is to be rejected and not accepted, and that the testimony of one who is not just is to be rejected.
Even though a report is not the same as testimony in some ways, they are fundamentally the same because the report of a faasiq is not acceptable according to the scholars, just as his testimony is rejected by all of them. The Sunnah indicates that munkar reports are to be rejected just as the Qur’an indicates that the report of a faasiq is to be rejected. End quote.
Dr. Humaam Sa‘eed says:
Thus it becomes clear to us that the methodology of the hadith scholars is a Qur’anic methodology that is derived from the Qur’an and Sunnah, and that it is a critical methodology that deals with historical reports; in other words, it does not accept a reported text without examining it critically, and it is not sufficient for this text to be narrated from a scholar or a person of respectable standing in order for it to be accepted. Rather it is essential that the attribution of the report to the one who said it should be proven, and it should be examined thoroughly and carefully to make sure that it is in harmony with the proven principles and general guidelines.
This critical methodology that deals with historical reports was absent in the case of the Torah and Gospel, and it was absent in the case of all historical narratives before Islam. Then Islam came to give the world this sound methodology that is based on research, thorough examination and sound thinking. Charles Guinevere contrasted this methodology of critically examining historical events with the Christian methodology that is based on faith, which accepted reports from earlier generations without any discussion or critical examination.
Many researchers overlooked this methodological connection between the Holy Quran and the sciences of hadith, to the extent that many people thought that the methodology of the hadith scholars was the result of a kind of unsurpassed brilliance, and that it developed because of need alone. But the truth that cannot be doubted is that the methodology of the hadith scholars is a Qur’anic methodology, and it is one of the manifestations of the miraculous nature of this religion. Just as Allah protected His holy Book from any changes or alterations, He also preserved the Sunnah as a whole and protected it from vanishing and being forgotten. End quote fromal-Fikr al-Manhaji ‘inda al-Muhadditheen(p. 24).
All of the above – as will be clear to the reader – represents general methodological principles that were established by the Holy Qur’an and instilled by our Prophet (blessings and peace of Allah be upon him) in the souls of his Companions, so as to set out for them a general framework for the theory of the knowledge that they were seeking to acquire, on which they would found knowledge that was based on reason and on religious texts. So these principles led to a very precise and thorough examination (of the reports) and a critical sense that was well balanced and guided. The reason for that was fear of going against these principles and divine commands. Were it not for that, the Muslims would have indulged in illusions and speculation, and we would have seen myths, fables and contradictions that would have been the common language in the knowledge produced by the Muslims. But the religious deterrent contained in the ten guidelines mentioned above played a major role in the methodology of checking and examining that the hadith scholars developed.
As for precise details about hadith science, which is “learning the rules and regulations on the basis of which scholars study the isnaad (chain of narrators) and matn (text of a hadith), and determine whether it is to be accepted or rejected” – such as their discussion about whether a narrator had a precise memory or not, whether the report is written in a precise manner, the methodology of dealing with reports narrated by those who engaged in tadlees [tadlees is when a narrator narrates a hadeeth that he did not hear directly from his shaykh, without mentioning the name of the third party from whom he heard it], giving precedence to a report that is narrated by one who is more authentic over one who is trustworthy, knowing how to classify the narrators from a particular shaykh, comparing between different reports and collecting hadith with similar texts but different isnaads, exercising deliberation when examining narrators, seeking corroborative reports, regarding a report as strong if there are many versions of it and many isnaads, and other guidelines and regulations that help scholars to determine whether a report is to be accepted or rejected – all of that, as you can see, is the product of detailed rational thinking that translates these general principles into practical methodological rules and regulations by means of which the hadith scholars came to a conclusion in judging whether a hadith was saheeh (sound) or da‘eef (weak).
Al-‘Allaamah al-Mu‘allimi (may Allah have mercy on him) said:
But have they paid attention to reason when accepting a hadith and regarding it as sound?
I say: Yes, they did pay attention to that at four points: when they heard the hadith, when they narrated it, when they passed judgement on the narrators, and when they passed judgement on the hadiths.
When the well-versed scholars in this field heard a report that could not be sound, or was very unlikely to be sound, they did not write it down or memorise it, and if they did memorise it, they did not narrate it to others.
If there is any interest that could be served by mentioning it, they would mention it and follow that by criticism of the report and of the narrator who was at fault. Imam ash-Shaafa‘i said inar-Risaalah(p. 399): What could be indicative of whether a narrator is telling the truth or lying is when a narrator narrates a report that cannot be true, or that is contrary to another report that is more authentic, or has more evidence to prove it sound.
Al-Khateeb said inal-Kifaayah fi ‘Ilm ar-Riwaayah(p. 429): Chapter on the obligation to eliminate odd reports and those that cannot possibly be sound.
There are among narrators a group who are very lenient with regard to what they hear and narrate, but the imams (leading scholars) are lying in wait for the narrators, so you hardly find any hadith that is clearly false, but you will find in its isnaad one or two narrators, or a group of narrators, whom the imams criticised. The imams very often criticise a narrator and regard him as flawed for narrating one munkar (odd) hadith, let alone two or more.
They describe the report that cannot possibly be sound, or is unlikely to be sound, as munkar (odd) or baatil (false). We find this a great deal in the biographies of weak narrators, or in books that speak of flawed and fabricated reports.
The scholars who examined the hadiths would not regard a narrator as credible until they examine his hadiths and check them one by one.
With regard to examining the soundness of hadiths, the scholars are very careful and cautious. Yes indeed, not everyone from whom it was narrated that he regarded a hadith as sound and credible was necessarily a man of deep knowledge, but the one who has knowledge and experience can distinguish between one thing and another.
The leading scholars who examined the hadiths realised that among them are some hadiths that may be difficult for some scholars of kalaam and their ilk to accept, but they found them to be in accordance with reason that is credible according to the religious texts, and that they fulfilled all the other conditions of soundness. Moreover, they found in the Qur’an many verses that are in harmony with it or that speak of the same idea. This is also difficult for the scholars of kalaam to accept, but the hadith scholars know that the Prophet (blessings and peace of Allah be upon him) believed in and followed the Qur’an, so it is very possible that he would say things that carry similar meanings to what is in the Qur’an.
End quote fromal-Anwaar al-Kaashifah(p. 6-7).
Dr. Khaldoon al-Ahdab said:
The development of usool al-hadith was on a rational basis. Were that not the case, it could never have had this huge impact in shaping the Muslim mind.
This rational development of usool al-hadith began from the methodological and rational principle that is stated in the Holy Qur’an and Sunnah with regard to examining the narrator and what he narrated, on which the science of usool al-hadith is based.
The development of this branch of knowledge may be represented in the fact that the hadith scholars paid attention to reason when examining a hadith to see how sound it is, in four stages, as the great scholar and critic ‘Abd ar-Rahmaan al-Mu‘allimi al-Yamaani said.
End quote fromAthar ‘Ilm Usool al-Hadith fi Tashkeel al-‘Aql al-Muslim, (p. 19).
Dr. ‘Abdullah Dayfullah ar-Ruhayli said:
The academic guidelines on verifying reports, according to us Muslims – as in the case of the methodology of the hadith scholars – is not based on belief in the unseen, such that this mystical approach could be one of the guidelines for ascertaining whether a report is sound or not; rather they are rational guidelines that take into account reason, proven historical facts, comparison of reports, or other guidelines that the hadith scholars developed regarding the evidence or proof of the soundness of a report.
These guidelines, as we have described them, are rational and based on common sense, such that all people – or almost all people – will be able to understand and accept them, regardless of their religion or affiliation. A report with an interrupted chain of narrators, for example, is something that all people of sound mind would doubt and would not accept it because of that. That is because there is no continuous chain of narrators going all the way back to the source of the report, and if that is not available, then how can it be imagined that the report is sound?
Human minds can differentiate between a report being certain on the one hand, and it being likely or a mere possibility on the other hand. Therefore there is no room for the question which says, on what academic methodology is the approach of the hadith scholars in verifying a report based? Is it a scientifically-based methodology, or is it a mystical, faith-based methodology? That is because belief in the unseen plays no role in examining and verifying the report, then accepting it or rejecting it. However, this aspect of the hadith scholars’ methodology has to do with verifying reports and is not based on personal opinion or belief in the unseen.
-Hiwaar hawla Manhaj al-Muhadditheen fi Naqd ar-Riwaayaat Sanadan wa Matnan(p. 12-13).
And Allah knows best.





















PUBLISHERM.NajimudeeN. MD,IRI

Monday, October 10, 2016

Shirk and its different forms, Dought & clear,- * The hadeeth about the blind man that is quoted as evidence by those who seek to draw closer to Allah (tawassul) by virtue of the dead



































Whilst I was reading Saheeh al-Jaami‘ as-Sagheer, I came across a hadeeth (1279) that says: “O Allah, I ask You and I turn to You by virtue of Your Prophet Muhammad, the Prophet of mercy; O Muhammad, I turn by virtue of you to my Lord concerning this need of mine, that it might be met for me. O Allah, or accept his intercession for me.” I was confused about this hadeeth. Is there any evidence in it for those who seek to draw close to Allah (tawassul) by virtue of the dead, as is done by worshippers of graves and their ilk? How can we interpret this hadeeth?.
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Praise be to Allaah.
Imam Ahmad and others narrated with a saheeh isnaad from ‘Uthmaan ibn Haneef that a blind man came to the Prophet (blessings and peace of Allah be upon him) and said: Pray to Allah to heal me. The Prophet (blessings and peace of Allah be upon him) said: “If you wish, I shall pray for you; and if you wish, I shall delay that for you and that will be better for you.” [According to another report, he said: “… Or if you wish, you can be patient and that will be better for you.”] He said: Pray for me (now). So he instructed him to do wudoo’ and do it well, then to pray two rak‘ahs and say this du‘aa’ (supplication): “O Allah, I ask You and I turn to You by virtue of Your Prophet Muhammad, the Prophet of mercy. O Muhammad, I turn by virtue of you to my Lord concerning this need of mine, that it might be met for me. O Allah, accept his intercession concerning me and accept my intercession concerning him.” So the man did that and he was healed.
Some people are confused by this hadeeth and think that it constitutes evidence for some innovated types of tawassul (seeking to draw close to Allah), but that is not the case.
This misinterpretation of this hadeeth has been answered by many of the scholars, who explained that it does not constitute evidence for any of those who believe in innovated kinds of tawassul, whether that is by virtue of the Prophet’s person or by virtue of his status, let alone tawassul by virtue of the dead and calling upon them instead of Allah. One of the best precise and academic responses concerning this issue is that which was written by the great scholar Shaykh Muhammad Naasir ad-Deen al-Albaani in his bookat-Tawassul Anwaa‘uhu wa Ahkaamuhu(available in English under the titleTawassul: Its Types and Its Rulings). Among the comments that he made on this hadeeth is the following:
As for us, we believe that this hadeeth does not constitute evidence for them to support seeking to draw closer to Allah (tawassul) by virtue of the Prophet’s person; rather it constitutes further evidence for the third type of lawful tawassul – which is tawassul through the du‘aa’ (supplication) of a righteous man – because the tawassul of the blind man was only by means of the du‘aa’ of the Prophet (blessings and peace of Allah be upon him) (and not by virtue of his person). The evidence for what we say is to be found in the hadeeth itself, in abundance. The most important points are as follows:
1.
The blind man only came to the Prophet (blessings and peace of Allah be upon him) to ask him to pray for him; that was when he said: Pray to Allah to heal me. This is seeking to draw closer to Allah (tawassul) by virtue of his du‘aa’, because he knew that the du‘aa’ of the Prophet (blessings and peace of Allah be upon him) was more likely to be accepted by Allah, unlike the du‘aa’ of anyone else. If the blind man’s intention was to draw close to Allah by virtue of the Prophet’s person or his status, there would have been no need for him to come to the Prophet (blessings and peace of Allah be upon him) and ask him to offer du‘aa’ for him; rather he could have stayed at home and called upon his Lord by saying, for example: O Allah, I ask You by virtue of Your Prophet and His status before You to heal me and give me my sight. But he did not do that.
2.
The Prophet (blessings and peace of Allah be upon him) promised to offer supplication (du‘aa’) for him whilst advising him of that which would be better for him, which is when he said: “If you wish, I shall pray for you; and if you wish, you can be patient and that will be better for you.”
3.
The blind man insisted that he offer supplication for him, as he said: Pray for me (now). This implies that the Messenger (blessings and peace of Allah be upon him) did offer supplication for him, because he (blessings and peace of Allah be upon him) was the best one in fulfilling promises, and he had promised him that he would offer supplication for him if he wanted, as stated above. So there is no doubt that he (blessings and peace of Allah be upon him) offered supplication for him. Thus what the blind man wanted was done. After that, the Prophet (blessings and peace of Allah be upon him) turned towards the blind man out of compassion towards him and out of keenness that Allah answer his supplications for this man. So he turned to him and advised him of the second type of lawful tawassul, which is tawassul by virtue of righteous deeds, so as to combine all kinds of good and righteous deeds (to ensure that his need would be met). So he instructed him to do wudoo’ and to pray two rak‘ahs, then to offer supplication for himself. These are all acts of obedience towards Allah, may He be glorified and exalted, that came before the supplication of the Prophet (blessings and peace of Allah be upon him) for him, and these are included in the words of the verse in which Allah says (interpretation of the meaning):“Seek the means of approach to Him” [al-Maa’idah 5:35], as stated above.
Based on this, the entire incident revolves around the supplication (du‘aa’) – as is clear – and there is no mention at all of what they claim.
4.
In the supplication that the Messenger of Allah (blessings and peace of Allah be upon him) taught him it says: “O Allah, accept his intercession concerning me.” It is impossible to interpret this as referring to tawassul by virtue of the person or status of the Prophet (blessings and peace of Allah be upon him), because what is meant is: O Allah, accept his (the Prophet’s) intercession for me; in other words, Accept his supplication for my vision to be restored to me. The Arabic word shafaa‘ah (translated here as intercession) means supplication. It says inLisaan al-‘Arab(8/184): Shafaa‘ah (intercession) is the words of the shafee‘ (intercessor) to the king asking him to meet the need of someone else, or the one who asks for something for someone else and intercedes for him to get what he is seeking… End quote.
Thus it is proven that the tawassul of the blind man was only by virtue of the du‘aa’ of the Prophet (blessings and peace of Allah be upon him), not by virtue of his person.
5.
Among the things that the Prophet (blessings and peace of Allah be upon him) taught the blind man to say was: “and accept my intercession concerning him”. What is meant is: accept my intercession, that is my supplication, that his intercession, that is his supplication that my sight be restored, be accepted. This is the only way in which this sentence can be interpreted; there is no other way of interpreting it.
Hence you see those among later generations who hold different views ignoring this last phrase and not referring to it at all, because it utterly demolishes their interpretation of the hadeeth.
6.
This hadeeth is cited by the scholars as being one of the miracles of the Prophet (blessings and peace of Allah be upon him) and one of his supplications that were answered, and an example of what Allah manifested through the blessing of his supplication of extraordinary events and healing from sickness. By virtue of the Prophet’s supplication for this blind man, Allah restored his sight. Hence the scholars of hadeeth, such as al-Bayhaqi and others, narrated it among the signs of Prophethood (dalaa’il an-nubuwwah). This indicates that the reason for the healing of the blind man was the supplication of the Prophet (blessings and peace of Allah be upon him).
If the reason for the healing of the blind man was that he sought tawassul by virtue of the Prophet’s status, as it was understood by many later scholars, that would imply that this healing should also have happened for other blind people who sought tawassul by virtue of his status and sometimes added to it the status of all the Prophets and Messengers, and all the close friends of Allah, the martyrs and the righteous, and the status of anyone who has status with Allah among the angels, mankind and the jinn! But we do not know, and we do not think that anyone knows, of any such incident that was fulfilled throughout the many centuries from the death of the Prophet (blessings and peace of Allah be upon him) until the present day.
From this explanation it becomes clear that what is meant by the words of the blind man in his du‘aa’, “O Allah, I ask You and I seek to draw close to You by virtue of Your Prophet Muhammad”, is: I seek to draw close to You by virtue of the supplication of Your Prophet. The text of the hadeeth does not mention the supplication, but it is implied. This is something that occurs commonly in Arabic, as in the verse in which Allah says (interpretation of the meaning):“And ask (the people of) the town where we have been, and the caravan in which we returned, and indeed we are telling the truth” [Yoosuf 12:82]; in the original text the word “people” is not mentioned but it is implied.
However, I would say: Even if we assume that the blind man did seek to draw close to Allah by virtue of the Prophet’s person, that would be a ruling that applied only to him (blessings and peace of Allah be upon him) and not to any other Prophet or righteous person, and applying it to them too is something that would not be acceptable to sound reasoning, because the Prophet (blessings and peace of Allah be upon him) is their leader and the best of them all. It is possible that this is something that Allah bestowed exclusively upon him and not them, like many other qualities that were given only to the Prophet (blessings and peace of Allah be upon him), according to saheeh reports. When it comes to that which was given exclusively to him, there is no room for applying it to others by analogy. If anyone thinks that the tawassul of the blind man was by virtue of the Prophet’s person, then he has to apply it to him only and not to anyone else. This view was narrated from Imam Ahmad and Shaykh al-‘Izz ibn ‘Abd as-Salaam (may Allah have mercy on them) and it is the only conclusion that can be reached by fair-minded academic research. And Allah is the One Who guides to what is correct.from-Tawassul, p. 75ff
And Allah knows best.
PUBLISHERM.NajimudeeN. MD,IRI

Shirk and its different forms, Dought & clear,- * Ruling on swearing by the life of the Qur’aan




































I swore an oath that my brother should not sleep in the house, and I said “By the life of the Qur’aan, you shall never sleep in the house.” Then he slept in the house. What do I have to do?.
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Praise be to Allaah.
Firstly:
In the answer to question no. 122729we stated that it is permissible to swear by the names and attributes of Allah.
The Qur’aan is the word of Allah, and His word is one of His attributes, so it is permissible to swear by the Qur’aan. The scholars of the Standing Committee said:
It is permissible to swear by Allah and His Attributes. The Qur’aan is the word of Allah, which is one of His attributes, so it is permissible to swear by it.
End quote fromFataawa al-Lajnah ad-Daa’imah, 1/354
Secondly:
Swearing by the life of the Qur’aan is not mentioned, as far as we know, in Islam, either in the Book of Allah or the Sunnah of His Messenger (blessings and peace of Allah be upon him) or the words of any of his Companions (may Allah be pleased with them).
It seems that the one who swore by this oath intended to swear by the Qur’aan and spoke in the manner of the common folk when they swear by the life of that by which they are swearing. What appears to be the case is that it comes under the same rulings as the ruling on one who swears by the Qur’aan.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
We have many people who swear by things other than Allah. For example they say, “By the life of the Prophet Muhammad (blessings and peace of Allah be upon him)” or “By the life of ‘Eesa” or “By the life of Moosa (peace be upon him)” or “By the life of the Qur’aan” or “By the life of my father’s grave” or “I swear by my honour”. Please advise me about that; may Allah reward you with the best of rewards.
He replied: Swearing by anything other than Allah is not permissible. Rather the oath should be by Allah alone, may He be glorified and exalted, because it is proven that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever swears an oath, let him not swear by anything except by Allah, or else let him remain silent.”
And he said: “Whoever swears by anything other than Allah has associated something with Him (shirk).” Swearing by anything other than Allah is one of the haraam actions that constitute kufr (disbelief), but it comes under the heading of minor shirk, unless he meant that this by which he swore was as great as Allah, or that it has control over the universe, or that it deserves to be called upon instead of Allah, in which case it becomes major kufr (al-kufr al-akbar) – Allah forbid.
So if he said “By the life of So and so” or “By the life of the Messenger” or “By the life of Moosa” or “By the life of ‘Eesa” or “By my father’s grave”, or he swore by honesty or by the Ka‘bah and so on, all of that is swearing by something other than Allah, and all of that is not permissible and is an evil action.
What should be done is to not swear by anything except Allah, may He be glorified and exalted, or by one of His attributes, or by one of His names. The Qur’aan is the word of Allah, and the Qur’aan is one of the attributes of Allah. So if a person says “By the Qur’aan” or “By the life of the Qur’aan”, there is nothing wrong with that, because the Qur’aan is the word of Allah, may He be glorified and exalted.
End quote fromFataawa Noor ‘ala ad-Darbby Ibn Baaz (p. 236-237)
Thirdly:
If a person swears that his brother or someone else should not sleep in the house, then he sleeps there, he has to offer expiation for breaking an oath (kafaarat yameen).
The scholars of the Standing Committee were asked:
I swore an oath to someone, saying: “By Allah, you should not slaughter the animal,” but he did not heed my words and he slaughtered it, and I ate some of it. Is there any sin on me, and is there any expiation I have to offer? If there is any expiation I must offer, please advise me about it.
They replied: If the situation is as you describe, there is no sin on you for eating from it, but you have to offer expiation for breaking an oath (kafaarat yameen), by feeding ten poor persons with the same kind of food as you eat, or clothing them, or freeing a believing slave. If none of that is possible, then you have to fast for three days.
End quote fromFataawa al-Lajnah ad-Daa’imah, 23/85
Ibn Baaz (may Allah have mercy on him) was asked:
I have children and I often swear that they should not do such and such, but they do not respond to my words. Do I have to offer any expiation in this case?
He replied: If you swear an oath to your children or anyone else, with the aim that they should do something or should not do something, then they go against that, you have to offer expiation for breaking an oath (kafaarat yameen). End quote fromMajmoo‘ Fataawa Ibn Baaz(23/119)
Fourthly:
If your oath to your brother that he should not sleep in the house was the result of an argument, then it is not Islamically appropriate. When you swore that oath, what is Islamically prescribed in your case is to break the oath and offer expiation for it, because of the report narrated by al-Bukhaari (6718) and Muslim (1649) from Abu Moosa al-Ash‘ari (may Allah be pleased with him), according to which the Prophet (blessings and peace of Allah be upon him) said: “By Allaah, if Allaah wills, I do not swear an oath then see something better than that, but I expiate my oath and do that which is better.”
And Muslim (1650) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever swears an oath then sees that something else is better than it, let him do that and offer expiation for his oath.”
An-Nawawi (may Allah have mercy on him) said:
These hadeeths indicate that if a person swears to do something or not to do something, and breaking the oath is better than adhering to it, it is mustahabb for him to break the oath and he has to offer expiation. This is something agreed upon.
And Allah knows best.
PUBLISHERM.NajimudeeN. MD,IRI