Source: Fatāwā Amunpuri — by Shaykh Ghulam Mustafa Zaheer Amunpuri
What is the ruling on a person who swears an oath in court and gives false testimony against someone?
False testimony is a major sin. Such a person is a fāsiq (open sinner). However, no expiation is due for the oath he took during that false testimony.
The Messenger of Allah صلى الله عليه وسلم said:
الكبائر الإشراك بالله، وعقوق الوالدين، وقتل النفس، واليمين الغموس
“The major sins are: associating partners with Allah, disobedience to parents, unlawful killing, and the false oath.”
(Ṣaḥīḥ al-Bukhārī: 6675)
The Messenger of Allah صلى الله عليه وسلم said:
“Whoever takes a false oath to unjustly seize the wealth of a Muslim, he will meet Allah while Allah is angry with him.”
Then this verse was revealed:
﴿إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا﴾
(Āl ʿImrān: 77)
“Indeed, those who exchange Allah’s covenant and their oaths for a small price…”
Ashʿath bin Qays رضي الله عنه then came and asked:
“O Abā ʿAbd al-Raḥmān (the kunya of Ibn Masʿūd), what are you narrating?”
He replied: “I am narrating this ḥadīth.”
Ashʿath said:
“He is telling the truth. This verse was revealed concerning me. There was a dispute between me and a man from my tribe over a piece of land. I brought the case to the Prophet صلى الله عليه وسلم. He said: ‘Bring your evidence.’ I had no evidence. So he said to the other man: ‘Take an oath.’ I said: ‘O Messenger of Allah! He will take the oath (falsely)!’ Then the Messenger of Allah صلى الله عليه وسلم said:
‘Whoever takes a false oath to seize the wealth of a Muslim will meet Allah while Allah is angry with him.’
Then the verse was revealed:
﴿إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا﴾”
(Ṣaḥīḥ al-Bukhārī: 2666; Ṣaḥīḥ Muslim: 138/220)
❖ Question
What is the ruling on a person who swears an oath in court and gives false testimony against someone?
❖ Answer
False testimony is a major sin. Such a person is a fāsiq (open sinner). However, no expiation is due for the oath he took during that false testimony.
❀ Narration of Sayyidunā ʿAbdullāh bin ʿAmr رضي الله عنهما
The Messenger of Allah صلى الله عليه وسلم said:
الكبائر الإشراك بالله، وعقوق الوالدين، وقتل النفس، واليمين الغموس
“The major sins are: associating partners with Allah, disobedience to parents, unlawful killing, and the false oath.”
(Ṣaḥīḥ al-Bukhārī: 6675)
❀ Narration of Sayyidunā ʿAbdullāh bin Masʿūd رضي الله عنه
The Messenger of Allah صلى الله عليه وسلم said:
“Whoever takes a false oath to unjustly seize the wealth of a Muslim, he will meet Allah while Allah is angry with him.”
Then this verse was revealed:
﴿إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا﴾
(Āl ʿImrān: 77)
“Indeed, those who exchange Allah’s covenant and their oaths for a small price…”
Ashʿath bin Qays رضي الله عنه then came and asked:
“O Abā ʿAbd al-Raḥmān (the kunya of Ibn Masʿūd), what are you narrating?”
He replied: “I am narrating this ḥadīth.”
Ashʿath said:
“He is telling the truth. This verse was revealed concerning me. There was a dispute between me and a man from my tribe over a piece of land. I brought the case to the Prophet صلى الله عليه وسلم. He said: ‘Bring your evidence.’ I had no evidence. So he said to the other man: ‘Take an oath.’ I said: ‘O Messenger of Allah! He will take the oath (falsely)!’ Then the Messenger of Allah صلى الله عليه وسلم said:
‘Whoever takes a false oath to seize the wealth of a Muslim will meet Allah while Allah is angry with him.’
Then the verse was revealed:
﴿إِنَّ الَّذِينَ يَشْتَرُونَ بِعَهْدِ اللَّهِ وَأَيْمَانِهِمْ ثَمَنًا قَلِيلًا﴾”
(Ṣaḥīḥ al-Bukhārī: 2666; Ṣaḥīḥ Muslim: 138/220)
