Oaths and Vows (Kitab Al-Aiman Wa Al-Nudhur)
كتاب الأيمان والنذور
Chapter 1: Stern Warning Against False Oaths
The Prophet (ﷺ) said: If anyone swears a false oath in confinement, he should make his seat in Hell on account of his (act).
Chapter 3: Seriousness Of Swearing By The Minbar Of The Prophet (saws)
The Prophet (ﷺ) said: One should not take a false oath at this pulpit of mine even on a green tooth-stick; otherwise he will make his abode in Hell, or Hell will be certain for him.
Chapter 2: One Who Swears An Oath In Order To Usurp The Wealth Of Another
The Messenger of Allah (ﷺ) said: He who swears an oath in which he tells a lie to take the property of a Muslim by unfair means, will meet Allah while He is angry with him.
Al-Ash'ath said: I swear by Allah, he said this about me. There was some land between me and a Jew, but he denied it to me; so I presented him to the Prophet (ﷺ).
The Prophet (ﷺ) asked me: Have you any evidence? I replied: No. He said to the Jew: Take an oath. I said: Messenger of Allah, now he will take an oath and take my property. So Allah, the Exalted, revealed the verse, "As for those who sell the faith they owe to Allah and their own plighted word for a small price, they shall have no portion in the hereafter."
A man of Kindah and a man of Hadramawt brought their dispute to the Prophet (ﷺ) about a land in the Yemen. Al-Hadrami said: Messenger of Allah, the father of this (man) usurped my land and it is in his possession.
The Prophet asked: Have you any evidence?
Al-Hadrami replied: No, but I make him swear (that he should say) that he does not know that it is my land which his father usurped from me.
Al-Kindi became ready to take the oath.
The Messenger of Allah (ﷺ) said: If anyone usurps the property by taking an oath, he will meet Allah while his hand is mutilated.
Al-Kindi then said: It is his land.
On the Authority of his father: A man from Hadramawt and a man of Kindah came to the Messenger of Allah (ﷺ). Al-Hadrami said: Messenger of Allah, this (man) took away forcibly from me the land which belongs to my father. Al-Kindi said: It is my land in my possession, and I cultivate it, he has no right to it. The Prophet (ﷺ) then said to al-Hadrami: Have you any proof ? He said: No. He then said: So for you is his oath. He said: Messenger of Allah, he is liar, he does not care for which he is taking the oath. He does not refrain himself from anything. The Prophet (ﷺ) said: You will have nothing from him except that. He went to take an oath for him. When he turned his back, the Messenger of Allah (ﷺ) said: If he takes an oath on the property to take it away by unfair means, he will meet Allah while He is unmindful of him.
Chapter 4: Swearing By Other Than Allah
The Messenger of Allah (ﷺ) as saying: If anyone swears on oath is the course which he says: "By al-Lat" he should say: There is no god but Allah, and that if anyone says to his friend: Come and let me play for money with you, he should give something in charity (sadaqah).
Chapter 6: It Is Disliked To Swear By Al-Amanah
The Prophet (ﷺ) said: He who swears by Amanah (faithfulness) is not one of us.
Chapter 7: Idle (Laghw) Oaths
The Messenger of Allah (ﷺ) said about the futile oath: It is man's speech in his house: No, by Allah, and Yes, by Allah.
Abu Dawud said: Ibrahim al-Sa'igh, the narrator of this tradition , was a pious man. Abu Muslim killed him at 'Aranda. When he raised a hammed and heard the call to prayer, he gave it up.
Abu Dawud said: This tradition has been transmitted by Dawud b. Abi al-Furat from Ibrahim al-Sa'igh as a statement of 'Aishah (not attributed to the Prophet). Similarly, it has been transmitted by al-Zuhri, 'Abd al-Malik b. Abi Sulaiman and Malik b. Mughul. All of them transmitted it from 'Ata on the authority of 'Aishah on her own statement.
Chapter 8: Ambiguity In Oaths
The Messenger of Allah (ﷺ) as saying: Your oath should be about something regarding which your companion will believe you.
Musaddad said: 'Abd Allah b. Abi Salih narrated to me.
Abu Dawud said: Both of them refer to the same person: 'Abbad b. Abu Salih and 'Abd Allah b. Abi Salih.
Chapter 11: Saying "If Allah Wills" When Swearing An Oath
The Prophet (ﷺ) said: If anyone says when swearing an oath: "If Allah wills," he makes an exception.
Chapter 16: Intentionally Swearing A False Oath
Two men brought their dispute to the Prophet (ﷺ). The Prophet (ﷺ) asked the plaintiff to produce evidence, but he had no evidence. So he asked the defendant to swear. He swore by Allah "There is no god but He."
The Messenger of Allah (ﷺ) said: Yes, you have done it, but you have been forgiven for the sincerity of the statement: "There is no god but Allah."
Abu Dawud said: This tradition means that he did not command him to make atonement
Chapter 17: Breaking The Oath When That Is Better
The Prophet (ﷺ) said to me: 'Abd al-Rahman b. Samurah, when you swear an oath and consider something else to be better than it, do the thing that is beter and make atonement for your oath.
Abu Dawud said: I heard Ahmad (b. Hanbal) permitting to make atonement before breaking the oath.
Chapter 18: How Much Is The Sa' For Expiation ?
We had a makkuk which was called Makkuk Khalid. Its capacity was two measurements according to the measurements of Harun. The narrator said: The sa' of Khalid was the sa' of Hisham b. 'Abd al-Malik.
Chapter 21: Is It Disliked To Make Vows
The Messenger of Allah (ﷺ) forbade to make a vow. He said: It has not effect against fate, it is only from the miserly that it is means by which something is extracted.
Musaddad said: The Messenger of Allah (ﷺ) said: A vow does not avert anything (i.e. has no effect against fate).
Chapter 23: The View That Atonement Is Necessary If A Man Vows To Disobey Allah
That when the Prophet (ﷺ) was informed that the sister of 'Uqbah b. 'Amir had taken a vow to perform Hajj on foot, he said: Allah is not in need of her vow. So ask her to ride.
Abu Dawud said: Sa'ib b. 'Arubah has transmitted a similar tradition. Khalid has also transmitted a similar tradition on the authority of 'Ikrimah from the Prophet (ﷺ).
My sister took a vow to walk on foot to the House of Allah (i.e. Ka'bah). She asked me to consult the Prophet (ﷺ) about her. So I consulted the Prophet (ﷺ). He said: Let her walk and ride.
While the Prophet (ﷺ) was preaching a man was standing in the sun. He asked about him. They said: He is Abu Isra'il who has taken a vow to stand and not to sit, or go into shade, or speak, but to fast. Thereupon he said: Command him to speak, to go into the shade, sit and complete his fast.
The Messenger of Allah (ﷺ) saw a man that he was supported between his sons. He asked about him, and (the people) said: He has taken a vow to walk (on foot). Thereupon he said: Allah has no need that this man should punish himself, and he ordered him to ride.
Abu Dawud said: 'Amr b. Abi 'Amir has also narrated a similar tradition from al-A'raj on the authority of Abu Hurairah from the Prophet (ﷺ).
Chapter 5: It Is Disliked To Swear By One's Forefathers
" 'Umar said: I swear by Allah, I never swore by it personally or reporting it from others."