Ibn Umar heard a man swearing: No, I swear by the Ka'bah. Ibn Umar said to him: I heard the Messenger of Allah (ﷺ) say: He who swears by anyone but Allah is polytheist.
The Messenger of Allah (ﷺ) said about the futile oath: It is man's speech in his house: No, by Allah, and Yes, by Allah.
Abu Dawud said: Ibrahim al-Sa'igh, the narrator of this tradition , was a pious man. Abu Muslim killed him at 'Aranda. When he raised a hammed and heard the call to prayer, he gave it up.
Abu Dawud said: This tradition has been transmitted by Dawud b. Abi al-Furat from Ibrahim al-Sa'igh as a statement of 'Aishah (not attributed to the Prophet). Similarly, it has been transmitted by al-Zuhri, 'Abd al-Malik b. Abi Sulaiman and Malik b. Mughul. All of them transmitted it from 'Ata on the authority of 'Aishah on her own statement.
The Messenger of Allah (ﷺ) as saying: Your oath should be about something regarding which your companion will believe you.
Musaddad said: 'Abd Allah b. Abi Salih narrated to me.
Abu Dawud said: Both of them refer to the same person: 'Abbad b. Abu Salih and 'Abd Allah b. Abi Salih.
We went out intending (to visit) the Messenger of Allah (ﷺ) and Wa'il ibn Hujr was with us. His enemy caught him. The people desisted from swearing an oath, but I took an oath that he was my brother. So he left him. We then came to the Messenger of Allah (ﷺ), and I informed him that the people desisted from taking the oath, but I swore that he was my brother. He said: You spoke the truth: A Muslim is a brother of a Muslim.
Chapter 1222: What Has Been Reported About Swearing That One Has Nothing To Do With Islam Or That One Belongs To Another Religion - كتاب الأيمان والنذور
Narrated Thabit bin Adh-Dahhak:
حَدَّثَنَا أَبُو تَوْبَةَ الرَّبِيعُ بْنُ نَافِعٍ، حَدَّثَنَا مُعَاوِيَةُ بْنُ سَلاَّمٍ، عَنْ يَحْيَى بْنِ أَبِي كَثِيرٍ، قَالَ أَخْبَرَنِي أَبُو قِلاَبَةَ، أَنَّ ثَابِتَ بْنَ الضَّحَّاكِ، أَخْبَرَهُ أَنَّهُ، بَايَعَ رَسُولَ اللَّهِ صلى الله عليه وسلم تَحْتَ الشَّجَرَةِ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ
" مَنْ حَلَفَ بِمِلَّةٍ غَيْرِ مِلَّةِ الإِسْلاَمِ كَاذِبًا فَهُوَ كَمَا قَالَ وَمَنْ قَتَلَ نَفْسَهُ بِشَىْءٍ عُذِّبَ بِهِ يَوْمَ الْقِيَامَةِ وَلَيْسَ عَلَى رَجُلٍ نَذْرٌ فِيمَا لاَ يَمْلِكُهُ " .
That he took oath of allegiance to the Messenger of Allah (ﷺ) under the tree. The Messenger of Allah (ﷺ) said: If anyone swears by religion other than Islam falsely, he is like what has has said. If anyone kills himself with something, he will be punished with it on the Day of Resurrection. A vow over which a man has no control is not binding on him.
Chapter 1222: What Has Been Reported About Swearing That One Has Nothing To Do With Islam Or That One Belongs To Another Religion - كتاب الأيمان والنذور
The Prophet (ﷺ) said: If anyone takes an oath and says: I am free from Islam; now if he is a liar (in his oath), he will not return to Islam with soundness.
The Prophet (ﷺ) said: If anyone swears an oath and makes an exception, he may fulfil it if he wishes and break it if he wishes without any accountability for breaking.
Chapter 1226: Is Al-Qasam An Oath ? - كتاب الأيمان والنذور
Narrated Ibn 'Abbas:
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى بْنِ فَارِسٍ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، - قَالَ ابْنُ يَحْيَى كَتَبْتُهُ مِنْ كِتَابِهِ - أَخْبَرَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ، عَنِ ابْنِ عَبَّاسٍ، قَالَ : كَانَ أَبُو هُرَيْرَةَ يُحَدِّثُ أَنَّ رَجُلاً، أَتَى رَسُولَ اللَّهِ صلى الله عليه وسلم فَقَالَ : إِنِّي أَرَى اللَّيْلَةَ فَذَكَرَ رُؤْيَا فَعَبَّرَهَا أَبُو بَكْرٍ، فَقَالَ النَّبِيُّ صلى الله عليه وسلم : " أَصَبْتَ بَعْضًا وَأَخْطَأْتَ بَعْضًا " . فَقَالَ : أَقْسَمْتُ عَلَيْكَ يَا رَسُولَ اللَّهِ بِأَبِي أَنْتَ لَتُحَدِّثَنِّي مَا الَّذِي أَخْطَأْتُ . فَقَالَ النَّبِيُّ صلى الله عليه وسلم : " لاَ تُقْسِمْ " .
Abu Hurairah narrated that a man came to the Messenger of Allah (ﷺ) and said: I had a dream last night, and he then mentioned it. So Abu Bakr interpreted it. The Prophet (ﷺ) said: You are partly right and partly wrong. He then said: I adjure you, Messenger of Allah, may my father be sacrificed on you, do tell me the mistake I have committed. The Prophet (ﷺ) said: Do not adjure.
Chapter 1226: Is Al-Qasam An Oath ? - كتاب الأيمان والنذور
The tradition mentioned above has also been transmitted by Ibn 'Abbas through a different chain of narrators. In this version there is no mention of the word qasam (oath). It has the words:
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى بْنِ فَارِسٍ، أَخْبَرَنَا مُحَمَّدُ بْنُ كَثِيرٍ، أَخْبَرَنَا سُلَيْمَانُ بْنُ كَثِيرٍ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ، عَنِ ابْنِ عَبَّاسٍ، عَنِ النَّبِيِّ صلى الله عليه وسلم بِهَذَا الْحَدِيثِ لَمْ يَذْكُرِ الْقَسَمَ، زَادَ فِيهِ وَلَمْ يُخْبِرْهُ .
Some guests visited us, and Abu Bakr was conversing with the Messenger of Allah (ﷺ) at night. He (Abu Bakr) said: I will not return to you until you are free from their entertainment and serving them food. So he brought them food, but they said: We shall not eat it until Abu Bakr comes (back). Abu Bakr then came and asked: What did your guest do? Are you free from their entertainment ? They said: No. I said: I brought them food, but they refused and said: We swear by Allah, we shall not take it until he comes. They said: He spoke the truth. He brought it to us, but we refused (to take it) until you come. He asked: What did prevent you ? He said: I swear by Allah, I shall not take food tonight. They said: And we also swear by Allah that we shall not take food until you take it. He said: I never saw an evil like the one tonight. He said: Bring your food near (you). He ('Abd al-Rahman) said: Their food was then brought near them. He said: In the name of Allah, and he took the food, and they also took it. I then informed him that the dawn had broken. So he went to th Prophet (ﷺ) and informed him of what he and they had done. He said: You are the most obedient and most trustful of them.
Chapter 1227: One Who Swears Not To Eat Food - كتاب الأيمان والنذور
A similar tradition has also been transmitted by 'Abd al-Rahman b. Abi Bakr through a different chain of narrators. This version adds on the authority of Salim:
There were two brothers among the Ansar who shared an inheritance. When one of them asked the other for the portion due to him, he replied: If you ask me again for the portion due to you, all my property will be devoted to the decoration of the Ka'bah.
Umar said to him: The Ka'bah does not need your property. Make atonement for your oath and speak to your brother. I heard the Messenger of Allah (ﷺ) say: An oath or vow to disobey the Lord, or to break ties of relationship or about something over which one has no control is not binding on you.
The Messenger of Allah (ﷺ) said: A vow is binding in those things by which the pleasure of Allah is sought, and an oath to break ties of relationship is not binding.
The Messenger of Allah (ﷺ) said: An oath or a vow about something over which a human being has no control, and to disobey Allah, and to break ties of relationship is not binding. If anyone takes an oath and then considers something else better than it, he should give it up, and do what is better, for leaving it is its atonement.
Abu Dawud said: All sound traditions from the Prophet (ﷺ) say: "He should make atonement for his oath," except those versions which are not reliable.
Abu Dawud said: I said to Ahmad: Yahya b. Sa'id (al-Qattan) has transmitted this tradition from Yahya b. 'Ubaid Allah. He (Ahmad b. Hanbal) said: But he gave it up after that, and he was competent for doing it. Ahmad said: His (Yahya b. 'Ubaid Allah's) tradition are munkar (rejected) and his father is not known.
Chapter 1229: Intentionally Swearing A False Oath - كتاب الأيمان والنذور
Narrated Abdullah ibn Abbas:
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ، حَدَّثَنَا حَمَّادٌ، أَخْبَرَنَا عَطَاءُ بْنُ السَّائِبِ، عَنْ أَبِي يَحْيَى، عَنِ ابْنِ عَبَّاسٍ، : أَنَّ رَجُلَيْنِ، اخْتَصَمَا إِلَى النَّبِيِّ صلى الله عليه وسلم فَسَأَلَ النَّبِيُّ صلى الله عليه وسلم الطَّالِبَ الْبَيِّنَةَ، فَلَمْ تَكُنْ لَهُ بَيِّنَةٌ فَاسْتَحْلَفَ الْمَطْلُوبَ فَحَلَفَ بِاللَّهِ الَّذِي لاَ إِلَهَ إِلاَّ هُوَ، فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم :
" بَلَى قَدْ فَعَلْتَ، وَلَكِنْ قَدْ غُفِرَ لَكَ بِإِخْلاَصِ قَوْلِ لاَ إِلَهَ إِلاَّ اللَّهُ " . قَالَ أَبُو دَاوُدَ : يُرَادُ مِنْ هَذَا الْحَدِيثِ أَنَّهُ لَمْ يَأْمُرْهُ بِالْكَفَّارَةِ .
Two men brought their dispute to the Prophet (ﷺ). The Prophet (ﷺ) asked the plaintiff to produce evidence, but he had no evidence. So he asked the defendant to swear. He swore by Allah "There is no god but He."
The Messenger of Allah (ﷺ) said: Yes, you have done it, but you have been forgiven for the sincerity of the statement: "There is no god but Allah."
Abu Dawud said: This tradition means that he did not command him to make atonement