or both retribution and blood money? If we say that both retribution and blood money are due, then he must swear, because blood money is a financial right.

Tenth: false accusation of unlawful sexual intercourse. That is, one person claims against another that he slandered him by accusing him of adultery or sodomy. If the latter says, “I did not slander him,” then, if the claimant produces evidence, judgment is made in his favor on its basis. But if he produces no evidence, we do not say to the alleged slanderer, “Swear an oath.”

In any case, most of these issues are subject to scholarly disagreement. Some scholars cite the general purport of the hadith: “The burden of proof is upon the claimant, and the oath is upon the one who denies.” (1) If the denier is truthful, the oath will not harm him; and if he refuses to take the oath, that is an indication that the claimant is truthful. The oath is then referred back to the claimant, and if he swears, judgment is made in his favor.

The prescribed oath is an oath by Allah, and it is not made more solemn except in matters of serious consequence.

His statement, “The prescribed oath is an oath by Allah”: this is the legislated oath. Anything besides it is not legislated, and one who refuses it is not deemed to have refused to swear. The types of oaths include an oath by Allah, an oath made by a vow, an oath of prohibition, and an oath of divorce; all of these may constitute an oath.

An oath by a vow is, for example, when one says, “If I do this, then I owe Allah a vow to fast for a year.” An oath of divorce is: “If I do such-and-such, then my wife is divorced.” An oath of prohibition is: “If I do such-and-such, then my wife is forbidden to me.” An oath by Allah is: “By Allah, I will not do such-and-such.” Thus, the prescribed oath is the oath by Allah, exalted is He, due to the Prophet’s saying, “Whoever swears an oath should swear by Allah or remain silent.” (2) This is the prescribed oath, both for the person swearing and for the one administering the oath.

Therefore, the one administering the oath—for example, a judge—may not administer an oath