What has come concerning oaths, 5th- 6th Lesson | Benefits from Muntaqaa Ibn Al-Jarood
بســـم اللــه الرحــمــن الـرحـــيــم
By Shaykh, the ‘Allaamah, the Sincere Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him
The severity of taking an oath next to the pulpit of the Messenger of Allaah ﷺ📚
943 – Ishaaq bin Mansoor narrated to us, he said: Abu Usaamah narrated to us, he said: Haashim bin Haashim narrated to us, he said: ‘Abdullah bin Nastaas informed me, he said: “I heard Jaabir bin ‘Abdullah, may Allaah be pleased with him say, I heard the Messenger of Allaah ﷺ say:” Noone swears an oath at my pulpit whilst he is sinful even it is over a green siwak except that he has prepared a place for himself in the fire.”
📌 The chain of the hadith with the author is authentic, reported by Abu Dawud and others, and it is in Al-Jaami’ As-Saheeh of Imaam Al-Waadi’ee, may Allaah have mercy on him.
Men of the chain
Ishaaq bin Mansoor: He is Ibn Bahraam Al-Kawsaj, Abu Ya’qub Al-Mirwazi, trustworthy, firm.
Abu Usaamah: Hamaad bin Usaamah Al-Qurashi, trustworthy, firm.
Hishaam bin Haashim: Ibn Utbah bin Abi Waqqaas Az-Zuhri, trustworthy.
Abdullah bin Nastaas: Mawlaa Kindah, An-Nasaa’ee deemed him trustworthy.
On the authority of Jaabir bin ‘Abdillah bin ‘Umar bin Haraam Al-Ansaari, may Allaah be pleased with them both, Companion and the son of a Companion.
Explanation of the hadith📚
🔹 And in it is that the oath could be severe in virtuous blessed places, and at virtuous and blessed times.
↪️ They differed concerning the bondability due to the place and time and is it binding upon the swearer to fulfill this oath.
↪️ The majority scholars took the opinion of the permissibility of the severity of oaths in specific times and places.
¤ In places: next to the pulpit of the Messenger of Allaah ﷺ and swearing between the Rukn and Maqaam, and on the Mushaf and they took as evidence the hadith in this chapter.
¤ In times: after the prayer of Asr and during the last hour of the day of Jum’ah.
↪️ And Bukhari, may Allaah have mercy on him, saw that Al-Yameen is in any place due to his (ﷺ) statement providing the proof is upon the claimant and upon the one rejecting the claim is to swear.
And the correct opinion is that it has not been established except in one place, at the pulpit of the Messenger of Allaah ﷺ, and during one time, after the prayer of ‘Asr and the rest is qiyas (analogy).
↪️ Ash-Shawkaani, may Allaah have mercy on him, said: the conclusion is that there’s no obligation in this hadith of taking an oath at this place or time nor is it binding in a specific place.
And it’s as he said, and it could be from the angle of causing difficulty to the adversary.
🔹 Al-Haafidh said in ‘Al-Fath’ it is not obligatory on him to do that.
↪️ And the Hanafis saw that the severity was in the masjid of the Messenger of Allaah ﷺ, and in Makkah or in a masjid of congregation.
↪️ And they agreed that it is concerning blood and things of enormous gratitude.
↪️ His statement “Tabawwa’a”: taken.
↪️ His statement in the hadith “Ala Yameen” meaning lyingly, sinfully.
↪️ His statement “At this pulpit of mine” means between his house and the pulpit.
↪️ His statement “Ala Yameen Aathiman”, meaning an oath lyingly, and “ithm” is a sin.
↪️ Ibn ‘Abdul Barr said: The stipulation of sinning is made at the threat of punishment.
Firstly – Punishment does not take place except with intentionally sinning, so he made the word “aathim” (sinning) a condition.
¤ Because the punishment is only if he was sinful not due to making a mistake or forgetting.
Secondly
That he devours by it the wealth of a Muslim.
¤ So if he swears intentionally upon something other than the wealth of a Muslim it will be swearing an oath lyingly, sinfully, committing a major sin from the major sins upon his lying and his oath.
🔹 And if it is was in relation to the wealth of a Muslim then the mentioned punishment is applicable.
His statement “Even if it was over a green siwak”
At-Teebi, in ‘Al-Mishkaat’, said: Belittling the siwak because it is not used except when it is dry, meaning the likes of this is not sworn upon rather it would be considered an idle oath in the custom, so how about something more greater than it, and that the thing sworn upon could be simple or great but verily the severity is concerning the time and place.
His statement “Tabawwa’a maq’aduhu”
meaning he took himself a seat and resting place and resided.
And Allaah knows best
Transcribed to Arabic and summarised by:
By Hamood Ath-Thawaabi
may Allah reward him with good
on the 28th, Muharram, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi
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