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Q & A --> Lawful and Unlawful Categories --> The Ruling on Swearing a False Oath

Question : It was asked: If someone swears a false oath by the Book of God, should s/he Atone [i.e. perform “kaffarah” ] for this?

Fatwa in Brief: [Any form of] Swearing by the Book of God is not permitted, on the grounds that this form of swearing is not mentioned in the Sunna.

Shaykh Ibn al-‘Uthaymin, Nur ‘Ala al-Darb, p. 43

Response:

It is known that swearing by the Qur’an is an ordinary oath; thus, it is permitted to do so. This oath should be fulfilled, however; unless it is swown for the sake of an act that is contrary to Islam. In such a case, the person should break the oath and perform kaffarah for this.

Commentary:

Swearing by the Qur’an is religiously valid. Fulfilling the oath is obligatory unless it is made for the sake of doing an act that is contrary to Islam. In the latter case, a person should break the oath and atone for doing so. This is supported by the hadith in which the Prophet (peace upon him) said: “Whoever makes an oath then finds another one better than it [i.e. the first oath], s/he should change to that which is better, and atone [for the breaking of the first oath]”.

In an act of kaffarah, a Muslim feeds ten poor people, or clothes them; and if s/he cannot afford to do this, then s/he should fast for three successive days. Feeding the ten poor people should be done twice daily – lunch and dinner – until they are satisfied. The Hanafis hold the opinion that, instead of the two meals, a sufficient amount of money may be given to each poor person.

And God knows best.

Dr. Anas Abu Shadi