Al-Ka‘ba or a Companion or an Imam. al-Shāfiʿī said: “I fear that this is sinful.” Ibn ʿAbd al-Barr stated: “This is a universally agreed principle.” He continues: “An oath is not validly undertaken by swearing upon a created entity—whether the Ka‘ba, the Prophets, or any other creatures—and breaking such an oath does not incur kaffāra (expiation). This is the apparent meaning of al-Ḫurqī’s statement, and it represents the position of the majority of jurists. Our own school holds that swearing by the Messenger of Allah (peace and blessings be upon him) is an oath that requires kaffāra. We further maintain that he (the Messenger) is one of the conditions for a valid testimony; hence an oath sworn by him necessitates kaffāra, just as an oath sworn in the Name of Allah Most High. The first proof is the Prophet’s (peace and blessings be upon him) injunction: “Whoever must swear, let him swear by Allah or remain silent.” This is reported by al-Bukhārī (Vol. 7, p. 221, Book of Faith and Vows, Chapters “Prohibition of swearing by other than Allah” and “Do not swear by your forefathers”) and by Muslim (Vol. 3, p. 1267, Book of Oaths, Chapter “Prohibition of swearing by other than Allah”). Moreover, since he swore by that which is not Allah, no kaffāra was due—unlike the other Prophets; and since he is a created being, no kaffāra would be required even if it were permissible to swear by him, as in the case of Abraham (peace be upon him). Finally, he is neither explicitly named nor covered by any general text, and one may not analogize another title to the Divine Name because there is no true resemblance or equivalence.” See Ibn Qudāma, al-Mughni, vol. 8, pp. 677, 704–705. In the same work (vol. 7, p. 695) he adds: “An oath sworn by the Qur’an, or by one of its verses, or by the Word of Allah, is valid and, if broken, obliges kaffāra. This was the view of Ibn Masʿūd, al-Ḥasan, Qatāda, Mālik, al-Shāfiʿī, Abū ʿUbayda, and the majority of scholars.” This demonstrates that the Qur’an is indeed the uncreated Word of Allah, for if it were created it would not be permitted as an object of swearing. This is precisely what the Shaykh (may Allah have mercy on him) intended by citing these two reports from Ibn Masʿūd (may Allah be pleased with him). (1) In the original: “ittabiʿūhu” (follow him). Confirmed in manuscripts s and ṭ. (2) In the original: “lam yataʿāḍal” (did not conflict). In s: “hal yataʿāḍal” (does it conflict?). Confirmed from ṭ.