Fatwa ID: 06362

Answered by: Maulana Mohammed Dilwar Hussain

Question:

Assalawalekum, a few weeks before I saw a document from Darul Ifta answered by Maulana Dilwar Hussain that an oath
made mentally or by intention is needed to fulfil, how can it be possible I heard many scholars say that an oath is valid when is spoken orally. Please answer

In the name of Allāh, the Most Gracious, the Most Merciful

Answer:

Apologies, but your comments are quite difficult to understand.

One of the methods in which an intention is made clear is to orate it (i.e., to say it aloud) just as you have stated. However, this is not a condition for its validity.

Allāh Ta’ālā says: “Do not make (the name of) Allāh an excuse against being righteous and fearing Allāh and making peace among people. Allāh is All-Hearing and All-Knowing. Allāh does not impose blame upon you for what is unintentional in your oaths, but He imposes blame upon you for what your hearts have earned. And Allāh is Forgiving and Forbearing.” [Sūrah al-Baqarah; 2:224-225] [1]

It seems as though you may be referring to a Nazr.

When a Nazr is taken, it will be implemented whether it has been said with or without any conditions and whether or not any intentions were made with it at the time. For instance, giving Talāq. Uttering Talāq to one’s wife will make it effectual, even if it was done in jest. [Radd ul-Muhtār: vol. 5, pg. 516] [2]

Only Allāh Ta’ālā knows best.

Written by Maulana Mohammed Dilwar Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1]{ وَلَا تَجۡعَلُواْ ٱللَّهَ عُرۡضَة لِّأَيۡمَٰنِكُمۡ أَن تَبَرُّواْ وَتَتَّقُواْ وَتُصۡلِحُواْ بَيۡنَ ٱلنَّاسِۚ وَٱللَّهُ سَمِيعٌ عَلِيمٞ لَّا يُؤَاخِذُكُمُ ٱللَّهُ بِٱللَّغۡوِ فِيٓ أَيۡمَٰنِكُمۡ وَلَٰكِن يُؤَاخِذُكُم بِمَا كَسَبَتۡ قُلُوبُكُمۡۗ وَٱللَّهُ غَفُورٌ حَلِيم }

[2](ومن نذر نذرا مطلقا أو معلقا بشرط وكان من جنسه واجب) أي فرض. وأفاد أنه يلزمه ولو لم يقصده كما لو أراد أن يقول كلاما فجرى على لسانه النذر، لأن هزل النذر كالجد كالطلاق كما في صيام