Does Thinking of an Oath Without Uttering It Have Legal Consequences?
Hanafi Fiqh
Answered by Ustadh Tabraze Azam
Question: Firstly, if someone is thinking an oath, would that count as an oath? Also, is making a covenant the same as making an oath?
Answer: Wa alaikum assalam wa rahmatullahi wa barakatuh,
I hope you are in the best of health and spirits, insha’Allah.
[1] An oath is a verbal statement conjoined with a phrase of swearing, such as “By Allah”. [`Ala al-Din `Abidin, al-Hadiyya al-`Ala’iyya] Thinking of an oath has no legal implication.
[2] However, swearing an oath by using the words “By the Covenant of Allah and His Pact” (wa `ahdillahi wa mithaqihi) would count.
The expiation for breaking an oath is: [1] providing decent clothing for ten poor people; [2] or feeding ten poor people two full meals each. If one is financially unable to do either of the above, one would expiate by fasting three consecutive days. [ibid.]
And Allah alone gives success.
Wassalam,
Tabraze Azam
Checked & Approved by Faraz Rabbani