This excerpt is taken from Sheikh al-Islam Imam Ibn Taymiyyah's book Al-Jawab al-Bahir fi Zuwar al-Maqabir, translated by Sheikh Ata Allah Saqib.
Swearing by anyone other than Allah, including the Messenger of Allah, is forbidden:
Some scholars believe that due to the Prophet Muhammad’s status as a Prophet, his sacred grave is exempted. Based on this reasoning, they also consider traveling to the graves of other noble Prophets permissible. Keeping this reasoning in mind, a difference of opinion has arisen among people regarding whether one can swear by the Prophet Muhammad or not. However, there is consensus that swearing by Allah’s creation, such as the Throne, the Chair, the Kaaba, angels, etc., is forbidden. (Similarly, swearing by the Prophet Muhammad is also forbidden and impermissible.)
According to the majority of scholars such as Imam Malik, Imam Shafi’i, Imam Abu Hanifa, and one opinion of Imam Ahmad (may Allah have mercy on them), one cannot swear by the Prophet. Even if someone swears, the oath will not be valid, just as swearing by ordinary creation does not make the oath valid. Also, no expiation (kaffara) is obligatory on a person who breaks an oath sworn by anything other than Allah. In Sahih Bukhari, the Prophet said:
لا تحلفوا إلا بالله
“Swear only by Allah.”
Reference: Sunan Abi Dawood, Book of Faith and Vows: Chapter on Disliking Swearing by Ancestors (Hadith: 3248); Sunan Nasai - Book of Faith and Vows: Chapter on Swearing by Mothers (Hadith: 3800); not found in the two Sahihs, and Allah knows best
من كان حالفا فليحلف بالله أو ليصمت
“Whoever intends to swear should swear only by Allah or remain silent.”
Reference: Sahih Bukhari, Book of Faith and Vows: Chapter ‘Do not swear by your fathers’ (Hadith: 6646); Sahih Muslim, Book of Faith: Chapter on forbidding swearing by other than Allah (Hadith: 1646)
In the Sunan books, this statement of the Prophet is clearly present:
من حلف بغير الله فقد أشرك
“Whoever swears by other than Allah has committed shirk (polytheism).”
Reference: Sunan Abi Dawood, Book of Faith and Vows: Chapter on Disliking Swearing by Ancestors (Hadith: 3251); Sunan Tirmidhi, Book of Vows and Faith: Chapter on Disliking Swearing by Other than Allah (Hadith: 1535)
A narration from Imam Ahmad ibn Hanbal (may Allah have mercy on him) is also reported that swearing by the Prophet Muhammad is permissible because believing in him, the declaration of faith, and mentioning him in the call to prayer (Adhan) are obligatory. Believing in him is a unique characteristic in which no other person can share.
بسم الله الرحمٰن الرحيم
While studying and translating the book, when the writer reached the point that a narration from Imam Ahmad ibn Hanbal (may Allah have mercy on him) permits swearing by the Prophet, the ground seemed to slip from beneath his feet. He was struck with a shock. The writer then consulted the scholars of the Two Holy Sanctuaries. The nature of the issue was presented to them. The written responses from the Sheikhs of the Two Holy Sanctuaries did not satisfy him but rather became a source of strengthening his faith. ( فجزاهم الله عني وعن المسلمين خيرا) The summary of their responses is presented here. The original copy of the fatwa is also with the translator and can be shown to anyone seeking the path of truth.
Fazilat al-Sheikh Abdul Aziz bin Abdullah bin Baz, President of the Departments of Scientific Research, Fatwa, Da’wah, and Guidance, Riyadh, discusses this topic in detail and states:
It is established from authentic narrations from the Prophet Muhammad that swearing by other than Allah is shirk. The consequence of such an oath manifests as either minor shirk or major shirk according to the condition of the person swearing. As narrated from Sayyiduna Abdullah bin Umar (may Allah be pleased with them), the Prophet said:
من حلف بغير الله فقد كفر أو أشرك
“Whoever swears by other than Allah has committed kufr or shirk.”
Reference: Sunan Abi Dawood, Book of Faith and Vows: Chapter on Disliking Swearing by Ancestors (Hadith: 3251); Sunan Tirmidhi, Book of Vows and Faith: Chapter on Disliking Swearing by Other than Allah (Hadith: 1535)
In the two Sahihs, it is narrated from Sayyiduna Abdullah bin Umar (may Allah be pleased with him) that the Prophet (peace be upon him) said:
إن الله ينهاكم أن تحلفوا بآبائكم من كان حالفا فليحلف بالله أو ليصمت
“Allah forbids you from swearing by your forefathers. Whoever wants to swear should swear only by Allah or remain silent.”
Reference: (Sahih Bukhari, Book of Faith and Vows: Chapter ‘Do not swear by your fathers’ Hadith: 2146; Sahih Muslim, Book of Faith: Chapter on forbidding swearing by other than Allah Hadith: 1642)
A hadith narrated from Ibn Umar (may Allah be pleased with him) also states that the Prophet (peace be upon him) said:
من كان حالفا فلا يحلف إلا بالله
“Whoever wants to swear should swear only by Allah.”
Reference: (Sahih Bukhari, Book of Virtues of the Ansar: Chapter on the Days of Ignorance Hadith: 3836; Sahih Muslim, same reference)
It was the habit of the Quraysh to swear by their forefathers. The Prophet (peace be upon him) forbade this with these words:
إن الله ينهاكم أن تحلفوا بآبائكم
“Allah forbids you from swearing by your forefathers.”
Reference: (Sahih Bukhari, Book of Faith and Vows: Chapter ‘Do not swear by your fathers’ Hadith: 6646; Sahih Muslim, same reference)
In an authentic narration, the Prophet (peace be upon him) said:
من حلف فقال فى حلفه واللات والعزى فليقل لا إله إلا الله وليستغفر
“Whoever swears by Al-Lat or Al-Uzza should affirm La ilaha illallah and seek forgiveness.”
Reference: (Sahih Bukhari, Book of Faith and Vows: Chapter on not swearing by Al-Lat and Al-Uzza or tyrants Hadith: 2250; Sahih Muslim, Book of Faith and Vows: Chapter on whoever swears by Al-Lat and Al-Uzza Hadith: 1647)
Once the Prophet (peace be upon him) heard Sayyiduna Sa’d bin Abi Waqqas (may Allah be pleased with him) swearing by Al-Lat and Al-Uzza, and immediately said: ”لا اله الا الله كهو.“ In the above incidents, the declaration of monotheism (Kalima Tauheed) and seeking forgiveness were prescribed by the Prophet (peace be upon him) as expiation for swearing by other than Allah. Sayyiduna Abdullah bin Mas’ud (may Allah be pleased with him) famously said:
لأن أحلف بالله كاذبا أحب إلى من أن أحلف بغيره صادقا
“I prefer to make a false oath by Allah than to swear a true oath by other than Allah.”
Reference: (Al-Mu’jam al-Kabir: 8902; Musannif Ibn Abi Shaybah: 179/2)
In explaining the above statement of Ibn Mas’ud, Imam Ibn Taymiyyah (may Allah have mercy on him) says:
Swearing by Allah is Tawheed (monotheism), and swearing by other than Allah is shirk. The virtue of Tawheed is greater than the virtue of truthfulness, and the evil of lying is less than the evil of shirk. Keeping this principle in mind, Ibn Mas’ud preferred a false oath by Allah over a true oath by other than Allah.
Now, regarding the permissibility of swearing by the Prophet (peace be upon him), which some Hanbalis accept, the answer is the famous statement of Imam Ahmad ibn Hanbal (may Allah have mercy on him) in which he categorically declares swearing by other than Allah forbidden and shirk. The majority of scholars have affirmed the correctness of this statement of the Imam, and it is the relied-upon opinion. Regarding swearing by the Prophet (peace be upon him), we want to present with full responsibility and clarity, based on definitive evidences, that the Imam’s statement permitting swearing by the Prophet:
مخالف للأصول والنصوص الثابتة عن النبى صلى الله عليه وسلم فى النهي عن الحلف بغير الله وتحريمه مطلقا
“Contradicts the principles and definitive texts that indicate the negation and prohibition of swearing by other than Allah.”
Because the Prophet (peace be upon him) clarified and defined all paths of salvation and goodness for the Ummah, all scholars agree that only Allah or His attributes can be sworn by, and nothing else.
Allama Ibn Abdul Barr (may Allah have mercy on him) says:
لا يجوز الحلف بغير الله إجماعا
“There is consensus on the prohibition of swearing by other than Allah.”
Sheikh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on him) states in his fatwas:
إن الحلف بسائر المخلوقات حرام عند جماهير علماء المسلمين
“According to the majority of scholars, it is forbidden to swear by any of the creation.”
Therefore, the above hadiths, statements, and the hadiths recorded in the authentic books and Sunan refute the arguments and superstitions of those who advocate swearing by the Prophet (peace be upon him).
Question:
Fadhilatush Sheikh Muhammad bin Abdullah Al-Sabeel, may Allah preserve him, Imam of the Sacred Mosque in Makkah
Some people justify swearing without mentioning Allah by two arguments:
The first argument they present is that Allah Almighty has sworn by many things from His creation, which is mentioned in the Holy Quran. The second argument they present is that a villager came to the Messenger of Allah, peace be upon him, and asked some questions about Islam. The Prophet, peace be upon him, answered him and said:
أفلح وأبيه إن صدق
"If he has spoken the truth, then by his father's oath, he has succeeded."
Answer:
It is the right of Allah Almighty to swear by any of His creation that He wishes, because when Allah Almighty swears by something, it signifies Allah’s power and wisdom in its creation, and it affirms His Lordship and Divinity. In other words, honoring them is actually honoring Allah Almighty because He is the One who created them. This indicates Allah’s power, wisdom, Lordship, Divinity, and His perfect attributes. As for His creation, they do not have the right to praise anyone because Allah commands that only His greatness be praised, and creation has no right to be glorified because they are created and are servants. The Generous Lord has commanded us through His Messenger, Allah’s blessings and peace be upon him, not to swear by anyone other than Allah.
As mentioned in the authentic narrations of Sahihayn, the Messenger of Allah, peace and blessings be upon him, said:
من كان حالفا فليحلف بالله أو ليصمت
“Whoever wants to swear should swear only by Allah or remain silent.”
Reference: (Sahih Bukhari, Book of Oaths and Vows: Chapter: Do not swear by your forefathers, Hadith: 6646; Sahih Muslim, Book of Oaths: Chapter: Prohibition of swearing by other than Allah, Hadith: 1646)
Imam Sha’bi, may Allah have mercy on him, said:
الخالق يقسم بما شاء من خلقه والمخلوق لا يقسم إلا بالخالق
“The Creator of the universe can swear by any of His creation, but the creation can only swear by their Creator.”
Imam Sha’bi, may Allah have mercy on him, further said:
لأن أقسم بالله فأحنث أحب إلى من أن أقسم بغيره فأبر
“I prefer to break an oath sworn by Allah than to fulfill an oath sworn by other than Allah.”
As for the other evidence in which the Messenger of Allah, peace and blessings be upon him, said أفلح وأبيه إن صدق, regarding this hadith, Allama Ibn Abdul Barr, may Allah have mercy on him, states that the word وأبيه is not authentic because according to the narration of Ismail bin Ja’far, the words are:
أفلح والله إن صدق
“If he spoke the truth, then by Allah, he has succeeded.”
Allama Ibn Abdul Barr, may Allah have mercy on him, also points out that some narrators mistakenly read والله instead of وابيه, which later became widespread. Some scholars hold the view that at the beginning of Islam, swearing by other than Allah was not prohibited, but later its prohibition was declared. Accordingly, there are many Prophetic hadiths about the prohibition of swearing by other than Allah and its being a form of shirk (associating partners with Allah). For example, it is narrated from Sayyiduna Ibn Umar, may Allah be pleased with them both, that the Messenger of Allah, peace and blessings be upon him, said:
إن النبى أدرك عمر بن الخطاب فى ركب يحلف بأبيه فقال ألا إن الله ينهاكم أن تحلفوا بآبائكم من كان حالفا فليحلف بالله أو ليصمت
“Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, was traveling with a caravan when the Messenger of Allah, peace and blessings be upon him, heard him swearing by his father. The Prophet said: Beware! Allah has forbidden you from swearing by your forefathers. So whoever wants to swear should swear only by Allah or remain silent.”
Reference: (Bukhari and Muslim: Sahih Muslim, Book of Faith: Chapter on the prayers which are one of the pillars of Islam, Hadith: 11/9)
Another narration from Sayyiduna Ibn Umar, may Allah be pleased with them both, is transmitted in which the Messenger of Allah, peace and blessings be upon him, said:
من كان حالفا فلا يحلف إلا بالله
“Whoever wants to swear should swear only by Allah.”
Reference: (Previously cited)
The Quraysh had the habit of swearing by their forefathers. The Prophet, peace and blessings be upon him, forbade them, saying:
لا تحلفوا بآبائكم
“Do not swear by your forefathers.”
Reference: (Muslim)
Sayyiduna Sa’d bin Abi Waqqas, may Allah be pleased with him, narrates that once he swore by Al-Lat and Al-Uzza, so the Messenger of Allah, peace and blessings be upon him, said:
قل لا إله إلا الله وحده لا شريك له ثم انفث عن يسارك وتعوذ ولا تعد
“Say: There is no god but Allah alone, He has no partner, and spit to your left side, seek refuge in Allah, and never do that again.”
Reference: (Sunan an-Nasa’i, Book of Oaths and Vows: Chapter on swearing by Al-Lat and Al-Uzza, Hadith: 3807, 3808; Sunan Ibn Majah, Book of Expiations: Chapter on the prohibition of swearing by other than Allah, Hadith: 2097)
In summary, swearing by other than Allah was common, but it was negated and prohibited.
In the writings of Imam Ahmad ibn Hanbal, may Allah have mercy on him, there is no indication that he considered swearing by other than Allah or swearing by the Prophet, peace and blessings be upon him, permissible. However, some of his students attributed swearing by the Prophet, peace and blessings be upon him, to the Imam in their books and presented the argument:
“The Imam holds that whoever swears by other than Allah must offer expiation.”
Answer:
From this, it becomes clear that swearing without Allah and expiation are not necessarily linked to each other, because Imam Sahib, may Allah have mercy on him, always kept caution in mind and, out of caution, declared expiation necessary for one who swears by anything other than Allah so that he may be absolved of blame.
Accordingly, there is a difference of opinion among the companions of the esteemed Imam whether expiation is obligatory or recommended. Some hold it to be obligatory, while others consider it recommended. For example, the Sheikh of the Hanbalis writes in Al-Mughni that the words of Imam Ahmad, may Allah have mercy on him, should be understood as recommending rather than obligating expiation, because if the oath were broken, expiation would be obligatory. The evidence of caution and analogy also supports this, as it is narrated from the Imam that he considered praying behind the Jahmiyyah sect permissible out of caution, even though he declared the Jahmiyyah to be disbelievers. Similarly, he considered praying behind them permissible as a precaution. This can be likened to the ruling that fasting is obligatory when there is doubt due to cloudy weather, even though the hadiths prohibit fasting in cases of doubt.
The well-known stance of the Imams and other scholars of the Ummah is that swearing by any created being is forbidden. Accordingly, Allama Ibn Abdul Barr, may Allah have mercy on him, has narrated consensus on this matter in light of a hadith from the Sahihayn. The words of the hadith are:
إن رسول الله صلى الله عليه وسلم قال من كان حالفا فليحلف بالله أو ليصمت
The Messenger of Allah, peace and blessings be upon him, said: "Whoever wishes to swear should swear only by Allah or remain silent."
Reference: (Earlier reference)
It is narrated from Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said:
من حلف بغير الله فقد كفر أو أشرك
"Whoever swears by anything other than Allah has committed disbelief or shirk."
Reference: (Earlier reference)
Sayyiduna Ibn Mas'ud, may Allah be pleased with him, has a famous saying:
لأن أحلف بالله كاذبا أحب إلى من أن أحلف بغيره صادقا
"I prefer to swear falsely by Allah than to swear truthfully by anything other than Allah."
Reference: (Earlier reference)
Sheikh al-Islam Imam Ibn Taymiyyah, may Allah have mercy on him, states that in agreement with the above saying of Ibn Mas'ud, there are also sayings attributed to Sayyiduna Abdullah ibn Umar and Sayyiduna Abdullah ibn Abbas, may Allah be pleased with them both. Thus, it is established that swearing without Allah is a greater sin than lying, even though lying is forbidden in all nations. The conclusion is that swearing without Allah is greater than all prohibitions. Even if it is hypothetically accepted that Imam Ahmad ibn Hanbal, may Allah have mercy on him, supported swearing by the Prophet, peace and blessings be upon him, we are justified in saying that the Imam, may Allah have mercy on him, was not infallible as the Prophets, peace be upon them, are. The Imam, may Allah have mercy on him, like any person, was subject to error. Therefore, the Imam, may Allah have mercy on him, did not present any verse or hadith as evidence for this statement. Hence, it is not necessary to accept the opinion of any Imam, especially when it contradicts the Book and Sunnah. In case of contradiction with the Book and Sunnah, denial of one's opinion and refraining from acting upon it becomes obligatory. The Imam himself, may Allah have mercy on him, and other noble Imams, may Allah have mercy on them, have also refuted such opinions and advised against them. Imam Ahmad, may Allah have mercy on him, said in refutation of following himself and other Imams:
خذوا مما أخذوا ولا تقلدوا الرجال فى دينكم
"Take the rulings of Shariah from where the noble Imams took them, and do not imitate people in matters of your religion."
At another place, he said:
عجبت لقوم عرفوا الإسناد وصحته يذهبون إلى ر أى سفيان والله يقول فليحذر الذين يخالفون عن أمره أن تصيبهم فتنة أو يصيبهم عذاب أليم
"Among Ibn Mas'ud and Ibn Abbas, one of their sayings is famous: 'I wonder at those who, knowing the chain and its authenticity, still follow the opinion of Sufyan, may Allah have mercy on him, while Allah says that those who oppose you, O Messenger of Allah, should fear that a calamity or painful punishment may befall them.'"
Reference: (Kitab al-Tawheed p. 172, Mughni al-Mureed: 6/2391)
I wonder at those who, knowing the chain and its authenticity, still follow the opinion of Sayyid Sufyan, while Allah Almighty says that those who oppose you, O Messenger of Allah, should fear that a calamity or painful punishment may befall them.
Sayyiduna Ibn Abbas, may Allah be pleased with him, has a famous saying:
يوشك أن تنزل عليكم حجارة من السماء أقول قال رسول الله وتقولون قال أبو بكر وعمر
"It is near that stones may rain down upon you from the sky. I tell you that the Messenger of Allah, peace and blessings be upon him, said this, and you say that Abu Bakr and Umar, may Allah be pleased with them, said so."
Reference: (Kitab al-Tawheed p. 146, Al-Khatib in Al-Faqih wal-Mutafaqqih: 379, 380)
It is noteworthy that when such a stance exists regarding Sayyiduna Abu Bakr and Umar, may Allah be pleased with them, what status would the opinion of the noble Imams or any other scholar have in comparison to the Book and Sunnah? The reality is that Imam Ahmad ibn Hanbal, may Allah have mercy on him, was more strict and cautious in deriving evidence from the Book and Sunnah than other Imams.
According to the four Imams and other scholars of the Ummah, there is no evidence or narrated hadith permitting swearing by the created, rather there are hadiths prohibiting it. For example, according to the narration in the Sahihayn, the Messenger of Allah, peace and blessings be upon him, said:
من كان حالفا فليحلف بالله أو ليصمت
"Whoever wishes to swear should swear only by Allah or remain silent."
Reference: (Earlier reference)
According to the narration of Tirmidhi and Hakim, the Messenger of Allah, peace and blessings be upon him, said:
من حلف بغير الله فقد كفر أو أشرك
"Whoever swears by anything other than Allah has committed disbelief or shirk." Allah knows best.
Reference: (Earlier reference)
Ibn Aqil, may Allah have mercy on him, says that swearing by you (the Prophet) is permissible because you are a Messenger, and by analogy, this can be extended to other Prophets, peace be upon them.
But the correct stance is that agreed upon by the Salaf and Khalaf Imams of Islam, which is that no oath can be sworn by any created being, whether a Prophet or non-Prophet, angel, king, or any great saint. According to most scholars, swearing by anything other than Allah is forbidden, as is the view of Imam Abu Hanifa, may Allah have mercy on him.
Sayyiduna Ibn Abbas, may Allah be pleased with him, has a famous saying:
لأن أحلف بالله كاذبا أحب إلى من أن أحلف بغير الله صادقا
"I prefer to swear falsely by Allah than to swear truthfully by anything other than Allah."
Reference: (Al-Mu'jam al-Kabir al-Tabarani: 8901, Musannaf Ibn Abi Shaybah: 2/179)
The following words are also narrated:
لأن أحلف بالله كاذبا أحب إلى من أن أضاهي
"I prefer to swear falsely by Allah than to liken anyone to Him."
Reference: (Same reference)
Therefore, it is established that swearing by anything other than Allah is shirk. And shirk is undoubtedly a greater sin than lying because it is the extreme evil of lying to the extent that it is likened to shirk. As in an authentic hadith, the Messenger of Allah, peace and blessings be upon him, said two or three times:
عدلت شهادة الزور بالإشراك بالله
"False testimony has been equated with shirk in Allah."
Reference: (Musnad Ahmad: 4/321, Sunan al-Tirmidhi: 2299, and its chain is weak in Sunan Abi Dawud: 3594, Sunan Ibn Majah: 2372)
After this, he, peace and blessings be upon him, recited this verse from the Holy Quran:
وَاجْتَنِبُوا قَوْلَ الزُّورِ ﴿٣٠﴾حُنَفَاءَ لِلَّهِ غَيْرَ مُشْرِكِينَ بِهِ ۚ وَمَن يُشْرِكْ بِاللَّهِ فَكَأَنَّمَا خَرَّ مِنَ السَّمَاءِ فَتَخْطَفُهُ الطَّيْرُ أَوْ تَهْوِي بِهِ الرِّيحُ فِي مَكَانٍ سَحِيقٍ ﴿٣١﴾
"Avoid false statements, be upright as servants of Allah, and do not associate anyone with Him. And whoever associates with Allah, it is as if he has fallen from the sky, and the birds will snatch him or the wind will blow him to a place where he will be torn apart."
Reference: (22-Al-Hajj:30-31)
According to the Companions, may Allah be pleased with them, this is such a forbidden act, indeed a sinful deed more severe than swearing falsely. A group of scholars think that swearing without Allah is an act whose prohibition is not established. This group has also presented baseless arguments here and there. But we present before them the command of Allah Almighty, which states:
أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا ﴿٥٩﴾
"Obey Allah and obey the Messenger and those in authority among you. Then if you dispute over anything, refer it to Allah and the Messenger, if you believe in Allah and the Last Day. That is the best and the best in result."
Reference: (4-An-Nisa:59)
Therefore, the command given by Allah Almighty and His Messenger is the correct one, which is that the Messenger of Allah, peace and blessings be upon him, forbade swearing by anything other than Allah, praying at sunrise and sunset, making graves into mosques, turning his honored grave into a fair, and traveling to any mosque other than the three mosques.
And the purpose of all these rulings is that:
The religion becomes purely for Allah. Worship is only for Allah alone, without any partner. The protection of monotheism. The entire religion becomes solely for Allah. No one else is worshipped besides Him. No one else is called upon besides Him. No one else is feared besides Him.
No fasting or prayer is performed for anyone else besides Him. No vow is accepted in anyone else's name besides Him. No oath is sworn except by Him. No pilgrimage is performed to any house other than the House of Allah because the obligatory pilgrimage is only to Allah's sacred house, which is only Masjid al-Haram (the House of Allah).
