Are Oaths Valid According to Their Literal Meanings?
Hanafi Fiqh
Answered by Abdul Rahim Reasat
Question
Are oaths valid according to the exact wording or the intended meaning? For example, if someone says, “I swear by Allah that I will never again look at a woman with sexual desire.” In doing so, he forgot to exclude his future wife as an exception. What would the oath cover?
Answer
I pray you are well.
Oaths are based on what is customarily understood by the one who swears them [Mawsili, al-Ikhtiyar]. This means that what people of his culture would understand is what it means.
In the example you provided, it’s clear that he means to swear off lustfully looking at any woman who is not halal for him, as any Muslim would understand. Therefore, his future wife would not be included in this.
Oaths are a serious matter as Allah has commanded us to take them seriously: “Protect your oaths [from being pointless].” [Quran, 5:89] It’s best for a believer to stay safe by not swearing them, or only resorting to them when necessary.
May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.