Chapter On Oath

Rule (1543) An oath and swearing by Allah is formed by one of His special names or something that indicates such names and whenever such words are pronounced it would direct one's mind to Allah and even those of His special names that do not direct the mind to Him due to precaution. It is formed by saying, " Wallahi La Af'alanna, I swear by Allah, I will certainly do it, or Billahi or Birabbil Ka'ba or Tallahi, or Aymullahi, or La'umri Allah or Uqsimu Billah, or Ahlufu Bi Rabbil Mushaf etc. A swearing of saying," I swear by the right of Allah is not effective unless one intends thereby swearing by Allah. Swearing is not effective; if it is in form of one's disassociating from Allah or one of his prophets or the Imams (a.s). Such swearing is not lawful, due to precaution.

Rule (1544) Swearing is only effective if a person is mature, aware of his intention and free of compulsion and swearing of a non-Muslim is also effective. Swearing is only effective for obligatory preferable or allowable acts with some priority or for staying away from unlawful detestable or permissible acts of some priority. If doing or not doing according to swearing both religiously or worldly are equal according to a more clear reason it is necessary to act according to the requirements of swearing.

Rule (1545) Another person's acts can not be made the subject of swearing which is also called urgent appeal like one's saying," please by God do it," also using past tense does not make it effective or some impossible matters, in all such cases the swearing will have no effect.

Rule (1546) If one swears for some thing within his ability and than he becomes unable to do and it continues to remain until the time of swearing's validity expires or it remains forever if there is not time for it, swearing is dissolved.

Rule (1547) If one swears against the truth but due to some special advantage like diverting oppression and injustice directed towards his property or properties of Mu'min even if he could have expressed in dissimulating manner, in fact, swearing is necessary if it saves one from getting involved in unlawful matters or saving one's self or the life of a Mu'min from destruction.

Rule (1548) If one swears about a matter and makes it dependent on the will of Allah like "God wills" it is considered dissolved but if he intends to have blessings thereby it will be effective.

Rule (1549) Swearing between father and son or wife and husband or slave and master is not effective, the father can dissolve the sons swearing, the husband and master can do the same to swearing of wife and slave's swearing is not valid without the permission of father husband and master.