YAMEEN- OATH

by Majlisul Ulama October 11, 2023 0 articles
YAMEEN literally means “strength, power”.

In the language of the Shariah it signifies a firm obligation to do or abstain from an act or thing intended by the one who takes an oath. The resolution of the one who takes the oath is strengthened on the thing sworn to, hence the oath is termed,

YAMEEN.

The one who takes the oath or vow is termed HAALIF and the thing sworn to is called MAHLOOF ALAYH.

OATHS (Yameen: sing. Aimaan: plural) are of three kinds: (1) Yameen Ghamoos (2) Yameen Mun’akad (3) Yameen Laghw.

YAMEEN GHAMOOS signifies a deliberate false oath taken by the Haalif with regard to a past event. The effect of this type of Yameen is sin. The Haalif commits a serious sin. There is no Kafaarah (Expiation which will be explained later) for it other than Taubah (Repen­tance) and Istighfaar (seek­ing forgiveness from Allah Ta ala).

YAMEEN MUN’AKAD means an oath sworn with regard to a future event that the Haalif will do it or abs­tain from it. Failure to fulfill the obligation of this oath warrants Kafaarah (Ex­piation). In other words, if the one who took the oath fails in acting in accordance with it he shall have to atone for the breach by executing the prescribed Islamic atone­ment which is explained hereunder.

YAMEEN LAGHW is an oath on a past incident where the Haalif is under the im­pression that the Mahlooff Alayh is in accord with what he thinks, but it transpires that the matter is not so. For example: The Haalif saw Zaid from a distance and thinks him to be Bakr. He thus takes an oath: “By Allah I saw Bakr.” With regard to such an oath, the Fuqahaa say that it is hoped that Allah Ta’ala will not punish the Haalif.

Oaths taken deliberately, under compulsion or in a state of forgetfulness are all equal in effect of obligation. Violation of the Yameen (oath) intentionally, under (EXPIATION) OR ATONING FOR THE VIOLATION OF AN OATH.

When the oath is violated the atonement for it is to feed ten poor persons two . meals each. If cooked food is not served, grain may be given to each poor person. and the quantity will be the same as is stipulated for Sadaqatal Fitr, viz., two and a half kilos flour. Alternate­ly, its value in money may also be given. If one so prefers, instead of feeding the poor. each one may be clothed with a garment to cover the greater part of his body. If the garments are given to women then they should be such that the en­tire body could be-covered in them. The poor mentioned here should be of the same class as is required in the Zakaat-recipient category. In other words only such poor could be fed or clothed whO are entitled to accept Zakaat.

If the violater of the oath is not by the means to feed or clothe ten poor persons, the atonement will be realised by fasting three consecutive days, i.e. three days one after the other.

OATH ON SIN

An oath taken on sin —i.e. the Haalif swears that he ‘will commit a certain prohibited act or that he will not execute a certain com­mand of Allah — should be violated and atoned for by means of paying the Kafaarah as explained above.

ENACTMENT OF AN OATH

The oath is enacted when one swears by Allah or by any of His Names such as Rahmaan, Qaadir, or by any of His Attributive Titles such as “the Splendour of Allah”, “the Majesty of Allah”. An oath taken by the Quran is also valid, but the Fuqahaa have deprecated such an oath.

An oath taken by any be­ing besides Allah Ta’ala is not valid. For example: An oath taken by the name of Rasulullah or by the Ka’bah is not contracted. Oaths taken in the names of others besides Allah are regarded by the Shariah as great sinful acts. The Hadith of Rasulullah (S.A.W.) has strictly forbidden the swear­ing of such oaths since swearing in a name other than that of Allah Ta’ala constitutes an act of shirk (association with Allah).

It is prohibited to take oaths unnecessarily. Taking oaths on every little and in­significant thing is _tan­tamount to showing great disrespect for the Majestic Name of Allah Ta’ala. As far as possible one should endeavour to abstain from taking oaths on even truthful matters.

One who has violated his oath/s and throughout his lifetime he did not atone or pay the Kafaarah should at the time of his departure from earth make wasiyyat (bequeath) to the effect that his Kafaarah be fulfilled.

0 Comments

Your email address will not be published. Required fields are marked *