Book of Oaths

An oath is not deemed binding unless it is sworn by the very Essence of Allah, exalted is He, or by one of His attributes. Thus, statements like “By Allah, Lord of the worlds,” “By the Living One who never dies,” or “By Him in whose Hand my soul rests” all constitute valid oaths. The same applies to every name that belongs exclusively to Him, and the speaker’s claim, “I did not mean it as an oath,” is not accepted. Any term that, when uttered without qualification, is naturally understood to refer to Him—such as ar-Rahim (the All-Merciful), al-Khaliq (the Creator), ar-Razzaq (the Provider), or ar-Rabb (the Lord)—likewise establishes an oath, unless the speaker intends someone else. Words that may refer to Allah and to others alike—such as ash-shayʾ (a thing), al-mawjud (the existent), al-ʿalim (the knowing), or al-hayy (the living)—do not amount to an oath unless coupled with intention.

Swearing by an attribute—“By the greatness of Allah,” “by His might,” “His majesty,” “His speech,” “His knowledge,” “His power,” or “His will”—is also an oath, unless by “knowledge” he means the thing known, or by “power” the object empowered. If one says, “By the ḥaqq (right) of Allah,” it counts as an oath unless he intends the acts of worship that are Allah’s due.

The particles of swearing are the letters bāʾ, wāw, and tāʾ, as in billah, wallah, and tallah; the tāʾ is used only with the name Allah. Merely uttering the word “Allah” in any grammatical case—Allahu, Allaha, or Allahi—does not constitute an oath unless so intended.

If someone says, “aqsamt,” “uqsim,” “aḥlaftu,” or “uḥlifu billah” that he will certainly do something, it is an oath provided he means it as such, or leaves his words unqualified. Should he add, “I only meant it as a report about the past or the future,” he is believed inwardly and, according to the preferred view, outwardly as well.

If he says to another, “I adjure you by Allah,” or “I ask you by Allah to do such-and-such,” and means thereby to bind himself, the oath is binding; otherwise, it is not. Saying, “If I do such-and-such, then I am a Jew,” or “I dissociate myself from Islam,” is not an oath. A slip of the tongue that produces such words without intent does not establish an oath.

An oath may validly concern both past and future matters, though it is disliked unless made in obedience. If he swears concerning—