Bismillahi Al-Rahmani Al-Rahim
Swearing: Using the Prophet (Allah bless him
and give him peace)
Q
AsSalamu alaikum wa rahmatu Allaahi wa barakatuhu,
I was told that in the Hanbali Madhab it is acceptable to swear by
Sayyidina RasulAllaah sal Allaahu alaihe wa salam. Is this the correct view
of the Madhab and if so, which texts mention this? Barak Allaahu
feekum.
A
wa `alaykum al-salam wa rahmatullahi wa barakatuhu
A quick look through Ibn Qudamah's Al-Muqni` (which points to
differences within the madhhab), his nephew's Al-`Uddah, Nail
Al-Ma'arib (a late book and reference for fatwa in Sham), Kash
Al-Mudhadarat (another late book with lots of sub-issues), and
Al-Raudh Al-Murbi` (a small book and reference for fatwa
elsewhere) gives no indication that it is acceptable to swear by the
Prophet (Allah bless him and give him peace).
What the books do indicate is that swearing an oath is only lawful using
Allah, His essence, His attributes, and His names. It is binding using
Allah, His essence, attributes and names; the Qur'an, the Mushaf, and the
other revealed books.
As for swearing an oath using any created thing, whether one of the
Prophets (peace be upon him) or one of the awliya: it is unlawful and is
not binding. There is one exception, though: if it is made using our
Prophet, Muhammad (Allah bless him and give him peace), then it is binding
and the person must make an expiation if he reneges. But it is still
unlawful.
In Al-Muqni`, Ibn Qudamah uses language indicating that he
considers these things to be offensive (makruh) instead of haram. We tend
to look at things that are makruh as if they are permissible to do, while
this is not the case: haram and makruh are identical in that we are
prohibited from doing them both, and where they differ is that we are going
to be held accountable in the akhirah for the haram, but not for the
makruh. While this difference may be a loophole for lawyers, they are both
poison for the devotee.
And Allah knows best.
wa al-salamu `alaykum
--musa
[See in particular: Nail Al-Ma'arib (2:419-20), Kashf
Al-Mukhadarat (2:460-61)]