On swearing by the Prophet, sallaahu alaihi wa sallam some of them said it is valid because the swearer has sworn by something without which imaan is not complete. Is imaan complete without belief in Muhammad, sallaahu alaihi wa s allam? Therefore, whoever swears by the Prophet he has sworn by something without which imaan is not complete. Among these scholars is Imam Ahmad Ibn Hambal.
The scholars who opposed this position said, the Messenger of Allah, sallaahu alaihi wa sall am has been very explicit on this issue when he said :
“Whoever desires to swear, they should swear by Allah or be silent.”
Therefore they said a Muslim is not allowed to swear by the Messenger of Allah, sallaahu alaihi wa sall am even with Prophet’s highest pinnacle of honour with Allah. But if one goes ahead and swears by him, and afterwards breaks his vow then kaffaarah is mandatory on him.
Whoever swears by anything like the grave of a saint, the turban of his emir, and whatnot, he should pronounce the kalimatush shahaadah.
“Whoever swore and (unintentionally) mentioned Al-Lat and Al-
Uzza (two idols) in his vow, should then say,There is no deity worthy of worship except Allah.”
The best for a Muslim, as I have mentioned earlier, is to avoid any situation that will make him swear. If you must swear, then follow it up with saying inshaa Allah. You have by saying that surrendered everything to Him. If He wishes it will happen; if He doesn’t it will not. The affairs are then placed under the desire of One Who is Able to Do all things.
Therefore, if a man said to you, ‘Wallaahi I will visit you tomorrow inshaa Allah.’ But he was not able to come; will he do kaffaarah? No, he will not, Allah has not willed it, so he could not visit you. No, but he actually didn’t intend to visit you. Yes, even at that, because if Allah had willed it, he would have visited you willy-nilly; –
‘Allah created you and what you do.’ (as-Saaffaat, 96)
So, nobody will do anything without His will!
“Whoever swears by Allah and says inshaa Allah, he may make good his vow or break it without kaffaarah.”
This is only valid in future undertakings, not what is past. You cannot swear by Allah in court that the husband has given her all she requires of sustenance inshaa Allah; you are just a fraudster.
And never say of anything, “I shall do such and such thing tomorrow. Except (with the saying), “If Allah wills!” (al-Kahf, 23-24)
It is baffling that some people respond to basic questions on past events with inshaa Allah. ‘What is your name?’ He said ‘My name is Abubakr, inshaa Allah.’ Why inshaa Allah when He has named you Abubakr years ago?
I went to the market yesterday inshaa Allah. No, inshaa Allah is mentioned only concerning future events, and not past ones, please.
The point I am trying to make is one can swear and follow it up with inshaa Allah and be free from kaffaarah, provided he really means to do what he takes the vow for; he does not intend to deceive. He wanted to come to you as promised but you require him to swear, and he does, but he says inshaa Allah because he does not know what will happen tomorrow. Something could prevent him from coming; he may die, and so on.
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