Bukhari

Hadith Commentary:
This indicates that in a court of law, only the oath sworn by the name of Allah will be considered valid.
An oath sworn by anything other than Allah is not acceptable; rather, it is sinful.
In another narration, it is stated: Whoever swears by other than Allah has committed shirk (associating partners with Allah).
Therefore, one should swear only a truthful oath, and that too solely by the pure name of Allah; otherwise, it is better to remain silent.

Hadith Commentary:
(1)
The purpose here is that it is not obligatory to adopt severity in taking an oath.
In these ahadith, only “billah” (by Allah) has been sufficed with.
Some imams hold the view that if the judge deems it necessary, then in order to intensify the oath, additional words may be added.
(2)
According to our inclination, one should suffice with only the name of Allah and His attributes.
Swearing by anything other than the name of Allah is not only invalid but also sinful, as is mentioned in other ahadith:
“Whoever swears by anything other than Allah has committed shirk or disbelief, therefore, the oath is only by the name of Allah; otherwise, it is better for him to remain silent.”
(Jami‘ at-Tirmidhi, Al-Nudhur wa Al-Ayman, Hadith: 1535, and Sahih al-Bukhari, Al-Shahadat, Hadith: 2679)
If someone, unintentionally, swears by other than Allah, then it is hoped that there will be no sin.
Swearing by one’s forefathers, elders, saints, the Ka‘bah, angels, or any prophet is also impermissible; however, the Lord of the worlds may swear by whatever He wills.

Hadith Commentary:
Tirmidhi narrated from Ibn Umar radi Allahu anhu, and Hakim said it is authentic, that the Messenger of Allah sallallahu alayhi wa sallam said: Whoever swears by other than Allah has committed shirk (associating partners with Allah).

In this chapter, Imam Bukhari rahimahullah has brought multiple hadiths to establish that the name (ism) is identical to the named (musamma). If it were otherwise, then seeking help by the name, or slaughtering upon the name, or releasing a hunting dog upon the name would not be permissible.

And so on by analogy.

Hadith Commentary:
➊
In the era of ignorance (Jahiliyyah), people frequently used to swear oaths by their forefathers. Therefore, the Messenger of Allah (sallallahu alayhi wa sallam) forbade swearing oaths by one's forefathers, because the purpose of swearing by something is to venerate it, and true veneration belongs to Allah alone. For this reason, the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Swear oaths only by Allah."
In this hadith, there is a strict prohibition against swearing by anyone other than Allah. The Prophetic statement is:
"Whoever swears by anything other than Allah has committed disbelief or shirk with Allah."
(Musnad Ahmad: 125/2)

➋
Imam Bukhari (rahimahullah) has established from this hadith that, for the purpose of emphasizing a statement, mentioning the name of Allah or referring to one of His attributes is legislated and permissible in the Shari'ah.
This can only be done by reference to the name of Allah or one of His attributes.
In essence, doing so falls under the category of calling upon Allah through His names.
In this hadith, there is mention, from another perspective, of invoking the name of Allah and worshipping Him through this means.
When swearing an oath, this verse should be kept in mind:
"The most beautiful names belong to Allah, so call upon Him by them."
(al-A'raf: 180)

Hadith Commentary:
➊ That by which an oath is sworn, its veneration is intended in the oath, and true greatness belongs only to Allah, the Exalted.
On this basis, when swearing an oath by other than Allah, one should not liken that other to Allah, the Exalted.
➋ In the era of ignorance (Jahiliyyah), people used to swear oaths by their forefathers, and their intention was to venerate them.
The Shari‘ah has prohibited this, stating that oaths should be sworn only by the name of Allah, the Exalted, or by His attributes.
Other than this, it is not permissible to swear by a prophet, messenger, angel, soul, trust, etc.; rather, the Messenger of Allah (sallallahu alayhi wa sallam) has declared swearing by other than Allah to be shirk (associating partners with Allah) and disbelief (kufr). Therefore, it is necessary to avoid this.

Hadith Commentary:
In another hadith, it is stated that swearing an oath by other than Allah is prohibited. If someone happens to utter an oath by other than Allah, then he should recite the kalimah of tawhid and renew his faith. If someone deliberately, knowing the greatness of a saint (pir) or an idol to be like the greatness of Allah, swears an oath by their name, then he certainly becomes a polytheist (mushrik). In one hadith, the words "Aflaha wa abihi in sadaq" appear.
This hadith is from an earlier time.
Therefore, here the permissibility of swearing an oath (by other than Allah) is abrogated.

Hadith Commentary:
(1)
Swearing an oath by other than Allah is disbelief (kufr) or polytheism (shirk), as the Messenger of Allah (sallallahu alayhi wa sallam) said:
"Whoever swears an oath by anything other than Allah has committed disbelief or polytheism."
(Musnad Ahmad: 2/125)
During a journey, Umar (radi Allahu anhu) swore an oath by his father, but this action was due to his lack of knowledge. Therefore, the Messenger of Allah (sallallahu alayhi wa sallam), considering his ignorance and lack of awareness, did not declare him a disbeliever or polytheist, nor did he instruct him regarding the renewal of faith. Rather, he removed his ignorance by stating that Allah, the Exalted, has forbidden swearing oaths by other than Allah.

(2)
From these ahadith, it is understood that if a person, due to a reasonable interpretation or ignorance, commits an act of disbelief or utters a statement of disbelief, he will be considered excused and will not be declared a disbeliever.
In this regard, we have written an article titled "Imam Bukhari and the Fitnah of Takfir," which is published at the end of our compilation "The Issue of Faith and Disbelief." Esteemed readers are encouraged to study it.
And Allah is the One whose help is sought.

Hadith Commentary:
The title of Amir al-Mu’minin (Commander of the Faithful) for Umar ibn al-Khattab is al-Faruq, and his kunyah is Abu Hafs.
In terms of lineage, he is ‘Adawi Qurashi.
He accepted Islam in the 6th year of Prophethood, and some people have written that he accepted Islam in the fifth year of Prophethood, at a time when forty men and eleven women had already become Muslim. Some have written that the number of forty men was completed with the acceptance of Islam by Umar.
With his acceptance of Islam, Islam gained great strength.
For this reason, he was called al-Faruq.
Ibn Abbas radi Allahu anhu narrates that he asked Umar al-Faruq when he was given the name al-Faruq, to which he replied that three days before him, Hamzah accepted faith.
After that, Allah opened my chest, so I declared with my tongue, “Allah alone is worthy of worship, He has beautiful names, and there is no being on earth more beloved to me than the person of Muhammad sallallahu alayhi wa sallam.”
Umar radi Allahu anhu says, then I asked, “Where is the Messenger of Allah sallallahu alayhi wa sallam?” My sister replied that he was at the house of Arqam, so I went to the house of Arqam.
There, Hamzah and the companions were sitting in the courtyard, and the Messenger sallallahu alayhi wa sallam was inside the house. When I knocked, the people came out, and Hamzah said, “What is your condition?” I replied, “Umar ibn al-Khattab has come.”
Then the Messenger sallallahu alayhi wa sallam came out, pulled my garment, and asked, “Will you not desist?”
So I recited the testimony: “Ashhadu an la ilaha illa Allah wahdahu la sharika lahu wa ashhadu anna Muhammadan abduhu wa rasuluhu.” Then all those in the courtyard raised the slogan of “Allahu Akbar,” which was heard by those in the mosque.
Umar radi Allahu anhu says, I asked the Messenger sallallahu alayhi wa sallam, “Are we not upon the truth, whether we live or die?”
The Messenger sallallahu alayhi wa sallam replied, “By the One in Whose hand is my soul, indeed you are upon the true religion, whether you live or die.”
So I said, “Why should we remain in hiding? By the One Who sent you as a Prophet, we will surely go out.”
Accordingly, the Messenger sallallahu alayhi wa sallam was asked to come out, and he was taken in two rows—one led by me and the other by Hamzah.
In this manner, when we reached the mosques, upon seeing us, the Quraysh said, “No sooner has one calamity ended than another has come upon us.”
From that day, Islam gained dominance, and people began to call me al-Faruq.
Because, through me, Allah separated truth from falsehood.
Dawud ibn Husayn and al-Zuhri state that when Umar became Muslim, Jibril descended, and the Messenger alayhis salat wa salam said that the people of the heavens rejoiced at Umar’s acceptance of Islam.
Abdullah ibn Mas’ud radi Allahu anhu says, “By Allah, I am well aware of Umar’s knowledge. If his knowledge were placed on one side of the scale and the knowledge of all creation on the other, Umar’s side would outweigh it.” He also said, “When Umar passed away, it was as if a great portion of knowledge departed with him.”
Umar radi Allahu anhu was present with the Noble Prophet sallallahu alayhi wa sallam in all battles, and he was the first caliph to be called Amir al-Mu’minin.
His caliphate was established after the death of Abu Bakr al-Siddiq radi Allahu anhu, because al-Siddiq al-Akbar had made a bequest in his name. He was martyred by Abu Lu’lu, the slave of Mughirah ibn Shu’bah, on a Wednesday, in 26 AH, and he departed to the Hereafter on a Sunday, in the first ten days of Muharram, 24 AH.

Hadith Commentary:
(1)
In the era of ignorance (Jahiliyyah), people used to swear oaths by the names of their forefathers and idols so that their greatness would be exalted. Allah, the Exalted, willed that only His own greatness and veneration be expressed by people’s tongues, for He alone is the true deity. Therefore, Allah, the Exalted, forbade swearing oaths by anything other than Him.

(2)
The reason for the prohibition of swearing by forefathers is that the purpose of an oath is to express the greatness of the one by whom the oath is sworn, and true greatness is exclusive to Allah, the Exalted. Therefore, it is forbidden to swear by anything other than Allah.

(3)
This restriction applies to jinn and mankind, who are obligated to act according to the Shariah. Allah, the Exalted, is above this restriction; He may swear by whatever He wills from among His creation to honor them, and there can be no objection to this. Thus, Allah, the Exalted, has sworn by the Qur’an, the Mount (al-Tur), the sky (al-sama’), the fig (al-tin), and the olive (al-zaytun). Swearing by the Ka‘bah is also impermissible. Since the Qur’an is the speech of Allah, it is permissible to swear by it, because the speech of Allah is His attribute, and it is permissible to swear by the attributes of Allah, the Exalted.

(4)
From this, it is understood that it is not permissible to swear by the Messenger of Allah (sallallahu alayhi wa sallam), nor by his city, Madinah. It is narrated from Ibn ‘Umar (radi Allahu anhu) that he heard a man swearing by the Ka‘bah, so he said: “Do not swear by anything other than Allah, for I heard the Messenger of Allah (sallallahu alayhi wa sallam) say: ‘Whoever swears by anything other than Allah has committed disbelief or shirk.’” (Jami‘ al-Tirmidhi, al-Nudhur wa al-Ayman, Hadith: 1535) Imam al-Tirmidhi rahimahullah, after mentioning this hadith, states that some scholars have explained this hadith as follows: In this hadith, swearing by anything other than Allah has been described as shirk and disbelief, and what is meant is a severe warning; the one who swears such an oath does not leave the fold of Islam, because when the Messenger of Allah (sallallahu alayhi wa sallam) saw ‘Umar (radi Allahu anhu) swearing by his father, he did not tell him to renew his Islam. However, if someone swears by idols and intends by it their veneration and greatness, then he must declare “La ilaha illallah,” because the Messenger of Allah (sallallahu alayhi wa sallam) said: “Whoever swears by al-Lat and al-‘Uzza, let him say ‘La ilaha illallah.’” And Allah knows best.

Hadith Commentary: Benefits and Issues: Swearing an oath by someone is, in reality, an expression of reverence and veneration for that entity, and in truth, reverence and veneration are exclusive attributes of Allah Ta’ala. However, according to some, the meaning of testimony and witness is also present in an oath, and the only being whose witnessing at every place, every time, and every occasion is unanimously accepted by all is solely the Being of Allah. Therefore, swearing an oath by other than Allah Ta’ala necessitates that one considers that other entity as a witness at every place, every occasion, and every time, and this is shirk (associating partners with Allah) and kufr (disbelief).

(‘Allamah Sa‘idi, Sharh Sahih Muslim, vol. 4, p. 561)

The oaths that Allah Ta’ala has taken by His creations in the Noble Qur’an are not intended for their reverence and sanctification; rather, after the oath, the claim that is mentioned is what those things serve as evidence and testimony for. The best treatise on this subject is by Mawlana Hamiduddin Farahi rahimahullah, named *Al-Im‘an fi Aqsam al-Qur’an*, which has been translated under the title *Aqsam al-Qur’an*.

This hadith establishes that an oath may only be sworn by Allah Ta’ala. However, in the oath by Allah, His Essence (Dhat), Names (Asma’), and Attributes (Sifat) are included, and swearing by other than Allah is, by consensus, impermissible. However, there is a difference of opinion as to whether this prohibition is for the purpose of declaring it unlawful (haram) or for disapproval (makruh). ‘Allamah Shami Hanafi has written that an oath is not valid except by the Names and Attributes of Allah Ta’ala; swearing by other than Allah, whether explicitly or implicitly, is haram, and in fact, there is a fear of kufr in it.

(Radd al-Muhtar, vol. 3, p. 70, Matba‘ah ‘Uthmaniyyah, Istanbul)

‘Allamah Ibn Qudamah Hanbali writes: It is not permissible to swear an oath by other than Allah Ta’ala and His Attributes, for example, by one’s father, the Ka‘bah, or any Companion or Imam.

(al-Mughni, vol. 3, p. 36, Dr. Turki)

The Noble Qur’an is the speech of Allah and His Attribute; therefore, swearing an oath by the Qur’an or any of its verses is valid, and in the case of breaking such an oath, expiation (kaffarah) must be given. This is the position of the Imams of Hijaz: Malik, Shafi‘i, and Ahmad, and the general body of scholars also hold this view.

(al-Mughni, vol. 13, p. 460)

According to Imam Abu Hanifah and his companions, this is not considered an oath, because they do not regard the words of the Qur’an as the speech of Allah. However, in the present era, some Hanafis do consider it an oath.

(Takmilah, vol. 2, p. 180)

Hadith Commentary: Benefits and Issues: Swearing an oath by other than Allah is not permissible, and the specific prohibition of swearing by one's fathers is due to the fact that the Quraysh commonly used to swear oaths by their fathers.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Iman (oath),
is the plural of yamin,
which means
strength and power.
On this basis, the right hand is called yamin,
because it possesses more strength and power.
An oath is also called yamin,
because the Arabs, when swearing an oath among themselves, would strike their right hand upon the right hand of the other,
and the purpose of yamin is emphasis and intensification.

(2)
Dhakiran:
from oneself.
Atharan:
while quoting or narrating another’s oath.
This is the correct and clear meaning, even though Imam al-Balqini has proposed two other possibilities.

(3)
The meaning of athara is “by choice,” because athara means to prefer,
so the meaning will be: preferring it over another thing, choosing it.
Athara also means to mention the virtues and noble deeds of ancestors,
from this comes matharah and mathir, i.e., “I did not swear by mentioning the virtues of my forefathers.”

Benefits and Issues:
According to the four Imams and the majority of jurists, it is not permissible to swear an oath by other than Allah,
and according to Allamah Ibn Abd al-Barr,
hatha asl mujma‘ ‘alayh:
this is a unanimously agreed-upon principle and rule,
because an anomalous opinion is not considered, and in some hadiths the Prophet (sallallahu alayhi wa sallam) used the phrase “wa abihi,”
so the scholars have given various answers regarding this.

(1)
According to Allamah Ibn Abd al-Barr,
this phrase in the hadith is contrary to authentic hadiths,
therefore it is rejected, but this answer is not correct.

(2)
This refers to a time
when it was still permissible to swear by other than Allah,
or to swear by one’s forefathers,
but later it was abrogated,
however, there is no evidence for this either.

(3)
The Arabs would sometimes use this phrase as a manner of speaking, without intending to swear an oath,
so this word would slip from the tongue unconsciously.

(4)
The intention is not to swear an oath,
this word is merely added for emphasis and intensification,
just as, for the sake of exclusivity,
the vocative particle is added,
even though calling out is not intended.

(5)
It is not permissible to swear an oath for the sake of honor and reverence,
but the use of oath-like words for emphasis and intensification is permissible.

(6)
“Wa abihi” or “wa abika,”
these words are sometimes used to express astonishment and wonder,
an oath is not intended,
their use for oaths is prohibited,
but for expressing amazement it is not prohibited.

(7)
It was permissible for you (the Prophet sallallahu alayhi wa sallam),
but it is not permissible for the ummah.
(Fath al-Bari,
vol. 11,
Maktabah Darussalam,
pp. 650-651)

Benefits and Issues
SR Question: Some people, in their conversations, swear by their children, saints (awliya), and righteous servants. Is it permissible to do so? ER
Answer: In Islamic teachings, swearing by other than Allah is prohibited. The Noble Prophet sallallahu alayhi wa sallam has declared swearing by other than Allah to be disbelief (kufr) and polytheism (shirk).
❀ Sa‘d bin Abdullah narrates: Abdullah bin ‘Umar radi Allahu anhuma heard a man swearing and he said: “By the Ka‘bah!” So Ibn ‘Umar radi Allahu anhuma said to him: I heard the Messenger of Allah sallallahu alayhi wa sallam say: «من حلف بغير الله فقد كفر او اشرك» “Whoever swears by other than Allah has committed shirk.” [ابوداود، كتاب الايمان و النذور : باب كراهية الحلف بالاباء : 3251، ترمذي: 1535]
❀ It is narrated from ‘Umar bin Khattab radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam heard him in a caravan swearing by his father, so the Prophet sallallahu alayhi wa sallam said: «إن الله ينهاكم ان تحلفوا بآبائكم، ‏‏‏‏‏‏فمن كان حالفا، ‏‏‏‏‏‏فليحلف بالله او ليسكت» “Indeed, Allah forbids you from swearing by your fathers. Whoever wants to swear, let him swear by Allah or remain silent.” [ابوداود، كتاب الايمان و النذور : باب كراهية الحلف بالاباء : 3249، بخاري : 6646، مسلم: فواد عبدالباقي ترقيم1646، دارالسلام ترقيم4257]
↰ From the above authentic hadith, it is understood that swearing by other than Allah is forbidden and shirk. One must avoid it. Those who, in their conversations, use phrases such as “by my son’s milk,” “by the saint (pir),” “by the spiritual guide (murshid),” “by the sayyid,” “by my parents,” “by love,” and similar expressions, should seriously and thoughtfully reflect upon the above-mentioned hadiths of their beloved Messenger sallallahu alayhi wa sallam, and should completely abstain from unlawful and forbidden oaths.

Benefits and Issues:
➊
Swearing an oath by other than Allah—whether it be by the Ka‘bah, or by angels, or prophets, or righteous saints, or forefathers, or others—is tantamount to equating them with Allah, or considering them as possessing attributes similar to His. This is clear shirk (associating partners with Allah). Whoever does so should renew his faith and recite "la ilaha illallah" (there is no deity except Allah), as has been mentioned in (Hadith 3247).

➋
It should be noted that swearing an oath by the Noble Qur’an is not established from the Messenger of Allah (sallallahu alayhi wa sallam). However, if someone does so, it is permissible and allowed, because the Noble Qur’an is the speech (kalam) of Allah, the Possessor of Majesty, and it is His attribute. Swearing an oath by the attributes of Allah is established and correct.

(1) An oath is sworn only by the Most Exalted Being. And in reality, the truly exalted being is Allah Ta’ala alone; therefore, an oath should be sworn only in His name. Although forefathers are respected, they are not, in reality, possessors of true greatness; thus, it is not permissible to swear an oath by their names. In fact, it is also prohibited to swear by any of Allah Ta’ala’s creation, whether prophets, angels, the Ka‘bah, etc. Just as it is not permissible to worship anyone besides Allah Ta’ala, so too is it with oaths—as if an oath is also a form of worship.

(2) In the Noble Qur’an, Allah Ta’ala has sworn by many of His creations, because Allah Ta’ala’s oaths are not for the sake of veneration, but rather for the sake of argumentation—that is, Allah Ta’ala’s creations serve as witnesses to the soundness and truthfulness of a legal principle.

(3) An oath sworn by the name of other than Allah does not take effect, because it is forbidden. Whoever swears such an oath should seek forgiveness from his Lord.

(1) "On his own accord" means that he himself intentionally took an oath. And "while quoting" means that so-and-so took this oath.

(2) The status and rank that Allah, the Exalted, granted to Umar radi Allahu anhu was due to this very obedience and submission. He never repeated any matter which Allah and His Messenger sallallahu alayhi wa sallam had prohibited.

Benefits and Issues:
➊
Our esteemed researcher has declared the mentioned narration weak in terms of its chain of transmission, whereas other scholars have graded it as authentic (sahih) and good (hasan).
For details, see: (Irwa’ al-Ghalil: 8/2698, and Sunan Ibn Majah with the verification of Dr. Bashar Awwad, Hadith: 2101).
Moreover, a portion of the mentioned narration (لَا تَحْلِفُوا بِآبَائِكُمْ, “Do not swear by your forefathers”) is also supported by a narration reported from Abdullah ibn Umar radi Allahu anhuma in Sahih al-Bukhari. See: (Sahih al-Bukhari, Book of Oaths and Vows, Hadith: 6648).

➋
The purpose of making someone take an oath is that if you swear, I will accept your statement.
Now, if the other person swears and the one who made him swear still does not accept it, it means that in his view, the oath holds no value or worth.
If that was the case, then making him swear in the first place was wrong; otherwise, he should accept it.

➌
To lie while swearing an oath is a very grave sin.

➍
An oath should be sworn and administered only by Allah.

Benefits and Issues:
➊
It was the custom of the Arabs to swear by their fathers, therefore the Prophet (sallallahu alayhi wa sallam) forbade it.

➋
It is not permissible to swear by anyone other than Allah, whether it be by one's father, grandfather, teacher, spiritual guide (pir), elder, any saint (wali), or even a prophet—as some people swear by Ali (radi Allahu anhu) or by the "Panjtan Pak."
All of these are forbidden (haram).

➌
The meaning of quoting (naql) is that, for example, while relating someone’s words, one says: "So-and-so said: 'I swear by Pir Dastgir! I am telling the truth.'"
Umar (radi Allahu anhu) complied with this ruling to such an extent that even while narrating someone’s statement, he did not say:
"So-and-so was saying: 'I swear by Lat and Uzza!'"

➍
One should avoid uttering inappropriate words.
If there is a need to narrate someone’s statement, it can be said in this way: "He swore by Lat and Uzza and said such-and-such," just as we avoid repeating someone’s abusive words and instead say: "So-and-so used abusive language about his mother," without repeating the actual abusive words.

Takhrij al-Hadith: [وأخرجه البخاري 6646، من حديث مالك به، ورواه مسلم 3/1646، من حديث نافع به]
Jurisprudential Points:
➊ Swearing an oath by other than Allah is prohibited and unlawful.
➋ If someone, out of ignorance, commits an act contrary to the Book and Sunnah, he will be considered excused until knowledge reaches him. However, if someone persists in opposing the evidence with false interpretation despite the prohibition being established, then he is culpable.
➌ After hearing the hadith from the Prophet sallallahu alayhi wa sallam, Sayyiduna Umar radi Allahu anhu said: "By Allah! Since I heard this from the Prophet sallallahu alayhi wa sallam, I have never sworn such an oath, neither myself nor by quoting it from anyone else." [صحيح بخاري : 6647، صحيح مسلم : 1646، ترقيم دارالسلام : 4254]
It is evident from this that Sayyiduna Umar radi Allahu anhu held a lofty rank in following the Sunnah.
➍ In one narration it is mentioned, «وأفلح وأبيه» its meaning is: "And he has succeeded, by the Lord of his father!" Here, by «وأبيه» is meant «ورب أبيه».

Takhrij:
«أخرجه البخاري، الأيمان والنذور، باب لا تحلفوا بآبائكم، حديث:6108، ومسلم، الأيمان، باب النهي عن الحلف بغير الله تعالي، حديث:1646، وحديث أبي هريرة: أخرجه أبوداود، الأيمان والنذور، حديث:3249، والنسائي، الأيمان والنذور، حديث:3797، 3798، وسنده صحيح.»©Explanation:
➊ This hadith is evidence that swearing an oath by other than Allah is forbidden (haram). In Jami‘ al-Tirmidhi, it is narrated from Ibn ‘Umar radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam said: “Whoever swears by other than Allah has committed disbelief or shirk.” (Jami‘ al-Tirmidhi, Kitab al-Nudhur wa’l-Ayman, Hadith: 1535) Imam Abu Dawud rahimahullah has narrated the same report with these words: “Whoever swears by other than Allah has committed shirk.” (Sunan Abi Dawud, Kitab al-Ayman wa’l-Nudhur, Hadith: 3251) The reason for this is that swearing an oath by someone’s name is an indication of their greatness, and true greatness belongs only to Allah.

➋ Since ancient times, people have held the belief that the one by whose name an oath is sworn has dominance over the one swearing the oath, and that he possesses the power to benefit or harm beyond the means (ma fawq al-asbab). Thus, when the one swearing the oath fulfills his oath, the one by whose name the oath was sworn becomes pleased and grants him benefit, and when the oath is not fulfilled, he becomes angry and causes harm. Undoubtedly, holding such a belief regarding other than Allah is clear shirk and disbelief, and swearing an oath or making a vow (nadhar) by other than Allah is a form of shirk. Therefore, if someone swears an oath with this belief, he has in reality committed shirk, and if he swears an oath without holding this belief, then at the very least he has committed an apparent form of shirk.

➌ The Shari‘ah has prohibited even the apparent forms of shirk just as it has prohibited actual shirk.