Transcript
EChsZxI1BFo • Fiqh - Semester 4 - Lecture 32 | Shaykh Assim Al-Hakeem | Zad Academy English
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Language: en
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But fordul
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oaths and vows. house
is a chapter in the books of
all of the books of include such a
chapter. What is als
refers to a number of things such as to
swear
uh to bless strength and it's called
yamin as an oath because when people
wanted to
swear over something and confirm it.
They used to shake each one's uh right
hand or uh put their hands on each
other's right hands.
Linguistically,
this is what yamin is.
Legislatively
in Islam, yamin is to take the name of
Allahawel or one of his attributes to
attest to confirm and affirm and
emphasize something whether to do it or
not to do it.
For example, wall
I will not do this or wall I will do
that.
And it has different forms. It has to be
verbal.
So you use certain letters
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and these are letters that come before
the name of allahel
and known as letters of oath.
So when one person says this, this is
considered to be an oath
and oaths are
permissible and they are mentioned in
the Quran and in the sunnah and the
consensus of scholars. Allahel says in
the Quran, Allah will not impose blame
upon you for what is meaningless in your
oaths. But Allah will impose blame upon
you for breaking what you intended of
oaths. So there is from this ayah
meaningless oaths and there is binding
oaths that you intend and we will come
to talk about this inshallah. This is
from the Quran. As from the Sunnah, the
prophet says sallallahu alaihi wasallam
indeed I if Allah wills do not swear an
oath
then see something else that is better
than it but I will do that which is
better and offer experiation for
breaking my oath. And we will come also
to discuss how to expedate
breaking an oath.
May Allah have mercy on his soul. Says
that the um
has agreed
unanimously that swearing
uh is uh the oaths taken is permissible
and to the rules uh connected to that
which are proven from the Quran and from
the Sunnah. What is the ruling on oaths?
Oaths
by default are permissible. I can take
an oath and I can bear the consequences
of it either to go ahead with it or to
expedate it as in the hadith we've just
heard. However, scholars go further and
say it might be obligatory at times,
especially when I need to prove
something that is my right and I have no
evidence other than to swear by Allah.
Or if I'm summoned in front of the
Muslim ruler or a judge at court and he
instructs me and orders me to take an
oath that I'm saying the truth,
it can be recommended.
If I'm doing something that is
recommended, not mandatory. So for
example, if I am trying to reconcile
between two fighting factions or parties
and I swear to make their heart hearts
come together that is fine and
recommended. It can be makru and
disliked and sometimes some other
scholars grade this as haram.
when I use
the name of Allahawel to sell a product.
So if I'm selling a product and I'm
saying this is for $10, for 10 real for
10, nobody's interested and someone is
bargaining with me. I said wall I bought
it for 10 for nine real and I'm
truthful. I'm saying the truth. But just
because I'm using the name of Allahawel
this makes it and if I'm lying then it
becomes prohibited.
It come becomes haram. If I say wallah I
bought it for nine reals where actually
I bought it for four.
That would be a major sin and a false
oath. Also a haram oath is when I say
wah I'm not going to pray today. It's
mandatory to pray. taking such an oath
is sinful and haram. Or I say for
example wahi I'll drink alcohol
or I will not visit my parents any
longer and all of this is haram. Now
what are the categories of oaths?
The scholars say that there are three
categories of oath. Number one, what is
known as
or
this is the meaningless oath which
people usually use while not intending
it. So I'm at a gathering and we're
hanging out with friends and then I
said, "Oh, I have to leave." One of the
guys says, "Yeah, come sit have lunch
with us." I said, "Oh, I'm not hungry."
I am hungry but I just said wall I'm not
hungry so that I can leave. I want to go
somewhere else. So this is
when I say wallah I'm tired. Oh Allah I
don't feel like it. I'm not intending
to emphasize anything but I'm just
saying this meaningless and it is not
recommended to use the name of Allah
here but it is not something that is
sinful or binding
but it is not recommended because it
shows that
there is not a great deal of reverence
of Allah's name. The second type of uh
uh yamin is the yamin that throws
the one who does it in hell, dooms him
in hell. And it's called alam alamoose.
So
is to dip something.
And this oath dips a person in hell
because he took Allah's name in vain.
And it's one of the major sins. The
prophet sallallahu alaihi wasallam said
the major sins
are
and he
named the following associating others
with Allah being undutiful
or disobeying the parents murder and the
oaths that dips and dooms a person into
hell.
And this is unfortunately
found
in disputes
when summoned in front of a judge
and you claim something that is not
yours or you deny something
that you had taken. Someone comes and
says this guy borrowed a hundred,000
from me. So the judge says to him, "Show
us your proof, your documents. Bring
your witnesses." The man says, "I don't
have any witnesses." But he took a
100,000 from me.
So the judge when he does not find
evidence
from the person person prosecuting, he
goes to the defendant, the one who the
claim is on. So he says, this guy says
he took 100,000 from and he doesn't have
evidence
to put you off the hook. You have to
swear by Allah that you did not take
anything
because it's his word against yours.
If the man says wall I did not take a
100,000 from him and he did this would
dip him straight into hell. May Allahel
have mercy upon us.
The third category is known as the
binding oath.
And what is a binding oath?
It's something that you intended. As we
mentioned earlier in the ayah, there is
Allah will not impose blame upon you on
what you say meaninglessly.
But he will impose blame upon you when
you intended
when you intend it.
So when you confirm and say wall,
I will not visit your home tomorrow. I'm
angry with you.
Then this is a binding oath. Wall
I will give you
this and that
tomorrow or next week. I am binding this
thing on myself and it is a binding
oath. Now if someone breaks the oath as
mentioned in
chapter 5 surah verse uh 89
then he has to experate to fulfill it.
And what is experation? This is
inshallah what we will find out in uh uh
the following class.
for
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that.
soft.
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