Written by: Ghulam Mustafa Zaheer Amrpuri
The renowned scholar of the Arab world, Muhammad bin Salih Al-Uthaymeen (1347-1421 AH), said:
"Swearing an oath by Allah means to swear that Allah will do something or not do something, for example: 'By Allah, Allah will do such and such,' or 'By Allah, Allah will not do such and such.' There are several types of oaths related to Allah:
The first type is to swear an oath based on what Allah and His Messenger have stated, either in affirmation or negation. This is permissible and indicates the person's certainty in what Allah and His Messenger have conveyed. For example, 'By Allah, Allah will surely accept the intercession of His Prophet for the creation on the Day of Judgment,' or 'By Allah, Allah will not forgive the one who associates partners with Him.'
The second type is to swear an oath on Allah due to strong hope and good expectations from Him. This is also permissible, as indicated by the approval of the Prophet (peace be upon him) in the incident of Rabi' bint Nadr, the aunt of Anas bin Malik (may Allah be pleased with them). In this incident, Rabi' bint Nadr had broken the tooth of an Ansari girl.
The Ansar sought justice from the Prophet (peace be upon him), who ordered retaliation, i.e., breaking a tooth for a tooth. The relatives of Rabi' bint Nadr offered compensation, but the Ansar refused. Anas bin Nadr then stood up and said, 'Will the tooth of Rabi' be broken? By Allah, O Messenger of Allah, the tooth of Rabi' will not be broken.' Anas bin Nadr did not intend to reject the legal ruling of retaliation but expressed his strong resolve to prevent the breaking of the tooth, even if it meant offering a large compensation. When the Ansar realized his firm determination, Allah instilled forgiveness in their hearts, and they forgave, accepting the compensation.
The Prophet (peace be upon him) said, 'There are some servants of Allah who, if they swear by Allah, He will fulfill it.' This shows that Anas bin Nadr swore by Allah with strong hope and good expectations that Rabi's tooth would not be broken. Allah then softened the hearts of the Ansar, who had firmly intended to seek retaliation in front of the Messenger (peace be upon him), and they forgave and accepted the compensation.
The Prophet's (peace be upon him) praise of Anas bin Nadr's actions testifies that he was one of Allah's beloved servants and that Allah fulfilled his oath and softened the hearts of the Ansar for him. How could it not be so when Anas bin Nadr said that he could smell the fragrance of paradise beyond Mount Uhud? When he was martyred, he had more than eighty wounds on his body, inflicted by swords and spears, and only his sister Rabi' recognized him by his finger. May Allah be pleased with them all and with us along with them. This type of permissible oath is also supported by the Prophet's (peace be upon him) statement, 'Perhaps there is a disheveled, dusty person, driven away from doors, who, if he swears by Allah, He will fulfill it.'
(Sahih Muslim: 2662)
The third type of oath involves swearing by Allah with arrogance, limiting Allah's grace, and having negative assumptions about Him. This is prohibited and may result in the nullification of the person's deeds."
Further Explanation by Scholars on Seeking Intercession
Allama Ibn Abi Al-Izz Hanafi (731-792 AH) stated:
"Seeking intercession with the Prophet (peace be upon him) or others in this world in supplication involves detailed discussion. Sometimes, the supplicant says, 'By the right of Your Prophet' or 'By the right of so-and-so,' swearing by Allah through one of His creations. This is problematic for two reasons: Firstly, it involves swearing by something other than Allah, and secondly, it implies that someone has a right over Allah. Swearing by anything other than Allah is impermissible, and no one has a right over Allah except what He Himself has made obligatory. As Allah says, 'And it is a duty upon Us to aid the believers'
(Surah Al-Rum: 47).
Similarly, in the authentic narrations from Bukhari and Muslim, the Prophet (peace be upon him) asked Muadh (may Allah be pleased with him), who was riding behind him, 'Do you know what Allah's right over His servants is?' Muadh replied, 'Allah and His Messenger know best.' The Prophet (peace be upon him) said, 'Allah's right over His servants is that they worship Him and do not associate anything with Him.' Then he asked, 'Do you know what the servants' right upon Allah is if they do that?' Muadh replied, 'Allah and His Messenger know best.' The Prophet (peace be upon him) said, 'Their right upon Him is that He will not punish them.' (This right of the servants upon Allah is established based on Allah's perfect words and truthful promise, not because the servant himself has a right over Allah as a creature has over another creature.)
Allah alone bestows all good upon His servants. The obligation upon Him to protect the believers from punishment is due to His promise and His grace, not because anyone has an inherent right over Him. Hence, swearing by Allah based on someone's status or using someone's position as an intercessor or advocate is impermissible, as it involves swearing by a creature upon the Creator, which is forbidden.
This view was strongly disapproved by the Imams of Islam. Abu Al-Hasan Al-Quduri, in his commentary on Kitab Al-Karkhi, narrated from Bishr bin Walid that he heard Abu Yusuf saying: 'Abu Hanifa said: It is not permissible for anyone to ask Allah except through Him alone.' He said, 'I dislike saying: I ask you by the right of so-and-so or the right of your Prophets and Messengers, or by the right of the Sacred House.' Abu Al-Hasan said: 'Asking with anything other than Allah is detestable according to them because no one has a right over Allah, and the right is for Allah alone over His creation.' Ibn Al-Baldaaji, in his commentary on Al-Mukhtar, stated: 'It is disliked to supplicate to Allah except through Him alone, so one should not say:
I ask you by so-and-so or by Your angels or Prophets or anything like that, because no creature has a right over the Creator.' Abu Yusuf, however, permitted it, as it was narrated that the Prophet (peace be upon him) supplicated with that, and because 'the right of the Throne' refers to the power with which Allah created the Throne, so it is as if the attributes of Allah are being asked. What Abu Hanifa and his companions disliked was considered forbidden by Muhammad, and Abu Hanifa and Abu Yusuf regarded it closer to being forbidden and predominant with the aspect of prohibition.
When the devil makes a person believe that swearing by Allah with the name of a creature and praying through them is more respectful and effective in fulfilling needs, he takes them to another level, urging them to pray to that person instead of Allah and to make vows to them. Then he leads them to another level where they bow to graves, light candles and lamps on them, drape them with covers, build mosques over them, worship them by prostrating to them, circumambulate them, kiss them, and perform pilgrimage to them, and sacrifice animals near them. Then he moves them to another level where they call people to worship them and make their graves places of celebration and rites, claiming that this brings them benefits in their worldly life and the Hereafter."
Conclusion
From the above statements of the scholars and the clarification by the Hanafi Imams, it is clear that just as swearing by other than Allah is impermissible, forbidden, and an act of shirk, likewise invoking Allah through the intercession of others or swearing by them is also forbidden. Moreover, all the early Hanafi Imams, including Imam Abu Hanifa, considered invoking Allah with intercession or swearing by others to be equivalent and unanimously agreed on its prohibition. Therefore, Anwar Shah Kashmiri's hesitation on this matter resulted from a lack of awareness of the teachings of their Imams. The followers should relieve themselves of this hesitation and repent from the prohibited forms of seeking intercession in light of these clarifications.
The Ahl-e-Hadith community can be congratulated for being on the path of the Salaf. They have not deviated in creed or practice. This is why they are often criticized. Their opponents harass them and give them various labels. May Allah continue to keep this victorious group dominant with the truth until the Day of Judgment, and may their adversaries face defeat, InshaAllah. All praise and gratitude belong to Allah, and may His blessings and peace be upon Muhammad and his family and companions.
The renowned scholar of the Arab world, Muhammad bin Salih Al-Uthaymeen (1347-1421 AH), said:
"Swearing an oath by Allah means to swear that Allah will do something or not do something, for example: 'By Allah, Allah will do such and such,' or 'By Allah, Allah will not do such and such.' There are several types of oaths related to Allah:
The first type is to swear an oath based on what Allah and His Messenger have stated, either in affirmation or negation. This is permissible and indicates the person's certainty in what Allah and His Messenger have conveyed. For example, 'By Allah, Allah will surely accept the intercession of His Prophet for the creation on the Day of Judgment,' or 'By Allah, Allah will not forgive the one who associates partners with Him.'
The second type is to swear an oath on Allah due to strong hope and good expectations from Him. This is also permissible, as indicated by the approval of the Prophet (peace be upon him) in the incident of Rabi' bint Nadr, the aunt of Anas bin Malik (may Allah be pleased with them). In this incident, Rabi' bint Nadr had broken the tooth of an Ansari girl.
The Ansar sought justice from the Prophet (peace be upon him), who ordered retaliation, i.e., breaking a tooth for a tooth. The relatives of Rabi' bint Nadr offered compensation, but the Ansar refused. Anas bin Nadr then stood up and said, 'Will the tooth of Rabi' be broken? By Allah, O Messenger of Allah, the tooth of Rabi' will not be broken.' Anas bin Nadr did not intend to reject the legal ruling of retaliation but expressed his strong resolve to prevent the breaking of the tooth, even if it meant offering a large compensation. When the Ansar realized his firm determination, Allah instilled forgiveness in their hearts, and they forgave, accepting the compensation.
The Prophet (peace be upon him) said, 'There are some servants of Allah who, if they swear by Allah, He will fulfill it.' This shows that Anas bin Nadr swore by Allah with strong hope and good expectations that Rabi's tooth would not be broken. Allah then softened the hearts of the Ansar, who had firmly intended to seek retaliation in front of the Messenger (peace be upon him), and they forgave and accepted the compensation.
The Prophet's (peace be upon him) praise of Anas bin Nadr's actions testifies that he was one of Allah's beloved servants and that Allah fulfilled his oath and softened the hearts of the Ansar for him. How could it not be so when Anas bin Nadr said that he could smell the fragrance of paradise beyond Mount Uhud? When he was martyred, he had more than eighty wounds on his body, inflicted by swords and spears, and only his sister Rabi' recognized him by his finger. May Allah be pleased with them all and with us along with them. This type of permissible oath is also supported by the Prophet's (peace be upon him) statement, 'Perhaps there is a disheveled, dusty person, driven away from doors, who, if he swears by Allah, He will fulfill it.'
(Sahih Muslim: 2662)
The third type of oath involves swearing by Allah with arrogance, limiting Allah's grace, and having negative assumptions about Him. This is prohibited and may result in the nullification of the person's deeds."
Further Explanation by Scholars on Seeking Intercession
Allama Ibn Abi Al-Izz Hanafi (731-792 AH) stated:
"Seeking intercession with the Prophet (peace be upon him) or others in this world in supplication involves detailed discussion. Sometimes, the supplicant says, 'By the right of Your Prophet' or 'By the right of so-and-so,' swearing by Allah through one of His creations. This is problematic for two reasons: Firstly, it involves swearing by something other than Allah, and secondly, it implies that someone has a right over Allah. Swearing by anything other than Allah is impermissible, and no one has a right over Allah except what He Himself has made obligatory. As Allah says, 'And it is a duty upon Us to aid the believers'
(Surah Al-Rum: 47).
Similarly, in the authentic narrations from Bukhari and Muslim, the Prophet (peace be upon him) asked Muadh (may Allah be pleased with him), who was riding behind him, 'Do you know what Allah's right over His servants is?' Muadh replied, 'Allah and His Messenger know best.' The Prophet (peace be upon him) said, 'Allah's right over His servants is that they worship Him and do not associate anything with Him.' Then he asked, 'Do you know what the servants' right upon Allah is if they do that?' Muadh replied, 'Allah and His Messenger know best.' The Prophet (peace be upon him) said, 'Their right upon Him is that He will not punish them.' (This right of the servants upon Allah is established based on Allah's perfect words and truthful promise, not because the servant himself has a right over Allah as a creature has over another creature.)
Allah alone bestows all good upon His servants. The obligation upon Him to protect the believers from punishment is due to His promise and His grace, not because anyone has an inherent right over Him. Hence, swearing by Allah based on someone's status or using someone's position as an intercessor or advocate is impermissible, as it involves swearing by a creature upon the Creator, which is forbidden.
This view was strongly disapproved by the Imams of Islam. Abu Al-Hasan Al-Quduri, in his commentary on Kitab Al-Karkhi, narrated from Bishr bin Walid that he heard Abu Yusuf saying: 'Abu Hanifa said: It is not permissible for anyone to ask Allah except through Him alone.' He said, 'I dislike saying: I ask you by the right of so-and-so or the right of your Prophets and Messengers, or by the right of the Sacred House.' Abu Al-Hasan said: 'Asking with anything other than Allah is detestable according to them because no one has a right over Allah, and the right is for Allah alone over His creation.' Ibn Al-Baldaaji, in his commentary on Al-Mukhtar, stated: 'It is disliked to supplicate to Allah except through Him alone, so one should not say:
I ask you by so-and-so or by Your angels or Prophets or anything like that, because no creature has a right over the Creator.' Abu Yusuf, however, permitted it, as it was narrated that the Prophet (peace be upon him) supplicated with that, and because 'the right of the Throne' refers to the power with which Allah created the Throne, so it is as if the attributes of Allah are being asked. What Abu Hanifa and his companions disliked was considered forbidden by Muhammad, and Abu Hanifa and Abu Yusuf regarded it closer to being forbidden and predominant with the aspect of prohibition.
When the devil makes a person believe that swearing by Allah with the name of a creature and praying through them is more respectful and effective in fulfilling needs, he takes them to another level, urging them to pray to that person instead of Allah and to make vows to them. Then he leads them to another level where they bow to graves, light candles and lamps on them, drape them with covers, build mosques over them, worship them by prostrating to them, circumambulate them, kiss them, and perform pilgrimage to them, and sacrifice animals near them. Then he moves them to another level where they call people to worship them and make their graves places of celebration and rites, claiming that this brings them benefits in their worldly life and the Hereafter."
Conclusion
From the above statements of the scholars and the clarification by the Hanafi Imams, it is clear that just as swearing by other than Allah is impermissible, forbidden, and an act of shirk, likewise invoking Allah through the intercession of others or swearing by them is also forbidden. Moreover, all the early Hanafi Imams, including Imam Abu Hanifa, considered invoking Allah with intercession or swearing by others to be equivalent and unanimously agreed on its prohibition. Therefore, Anwar Shah Kashmiri's hesitation on this matter resulted from a lack of awareness of the teachings of their Imams. The followers should relieve themselves of this hesitation and repent from the prohibited forms of seeking intercession in light of these clarifications.
The Ahl-e-Hadith community can be congratulated for being on the path of the Salaf. They have not deviated in creed or practice. This is why they are often criticized. Their opponents harass them and give them various labels. May Allah continue to keep this victorious group dominant with the truth until the Day of Judgment, and may their adversaries face defeat, InshaAllah. All praise and gratitude belong to Allah, and may His blessings and peace be upon Muhammad and his family and companions.