Hadith 3459

(1) The statement: “Allah forbids you from swearing by your forefathers, etc.”: Muhammad said in “Al-Muwatta”: This is what we follow; no one should swear by his father, and whoever swears should swear by Allah, then fulfill it or remain silent. In “Al-Mirqat,” it is stated: The prohibition refers to anything other than Allah, and forefathers were specified because it was the custom of the descendants. In “Al-Hidayah,” it is stated: Whoever swears by other than Allah is not considered to have sworn, such as by the Prophet or the Ka’bah, due to the statement: “Whoever among you swears, let him swear by Allah or leave it.” Similarly, if one swears by the Qur’an, as it is not customary. This indicates that it is not from the category of swearing by other than Allah, but from the category of attributes, hence it is justified by the lack of custom. If it were from the first category, the reason would be the mentioned prohibition or another, as custom is considered only in shared attributes, not in others. Al-Kamal said: It is evident that swearing by the Qur’an is now customary, so it is an oath. This is taken from “Ad-Durr al-Mukhtar” and “Radd al-Muhtar.” In “Nayl al-Awtar,” it is stated: The hadiths of this chapter indicate that swearing by other than Allah is not binding, as prohibition implies the invalidity of the prohibited act, and this is the view of the majority. Some Hanbalis said: Swearing by our Prophet (ﷺ) is binding, and expiation is required. This is also in “Radd al-Muhtar.”

(2) The statement: “Do not swear by idols, etc.”: The Arabs in their pre-Islamic ignorance used to swear by them and by their forefathers, so they were forbidden from this to remain vigilant in their speech, lest their tongues slip into what they were accustomed to. [From “Al-Mirqat”]