Sunday, 15 November 2020

Oath and vow

 Ibn Nujaym (may Allah have mercy on him) said: If someone is uncertain as to whether he did something or not, the basic principle is that he has not done it.

End quote from al-Ashbaah wa’n-Nazaa’ir (p. 50).

Secondly: an oath does not become binding merely by thinking about it

Moreover, an oath does not become binding merely by thinking about it; rather it is essential that it be spoken out loud.

As-Sarkhasi (may Allah have mercy on him) said: Merely intending to do something does not mean anything.

End quote from al-Mabsoot (6/76).

An-Nawawi (may Allah have mercy on him) said: Is a vow valid if it is intended, without being spoken? The correct view, according to the consensus of our companions, is that it is not valid unless it is spoken, and intention alone does not mean anything. End quote from al-Majmoo‘ (8/435).

It says in al-Insaaf (11/118): A vow (nadhr) is not valid unless it is spoken out loud. If a person intends it without speaking it, it is not valid, and there is no scholarly difference of opinion concerning that. End quote.

A vow (nadhr) is like an oath (yameen), as the Prophet (blessings and peace of Allah be upon him) said: “A vow is the same as an oath.” Narrated by Ahmad (16889); classed as saheeh by al-Albaani in as-Silsilah as-Saheehah (2860).

The fact that an oath does not become binding by merely intending it is indicated by the report narrated from Abu Hurayrah (may Allah be pleased with him), that the Prophet (blessings and peace of Allah be upon him) said: “Indeed Allah has pardoned my ummah for what crosses their minds, so long as they do not act upon it or speak of it.”

Ref: islamqa.en/info






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