Hadith 3466

(1) The statement: “This is interpreted as applying to the one who demands it if he is wronged”: Its detail is in “Radd al-Muhtar.” In “Al-Khaniyah,” it is stated: If a man demands an oath from another, and he swears intending something other than what the one demanding intends, such as divorce, emancipation, or the like, the intention of the swearer is considered if the swearer does not intend contrary to the apparent, whether he is the wrongdoer or wronged. If the oath is by Allah, the Exalted, and the swearer is wronged, the intention is his, but if he is the wrongdoer intending to nullify another’s right, the intention of the one demanding is considered. This is the view of Abu Hanifah and Muhammad. I say: Restricting it to when he does not intend contrary to the apparent indicates that the consideration of the swearer’s intention is in judgment, as there is no disagreement about considering his intention in faith. This clarifies the difference between this and the view of Khassaf, who holds that his intention is considered in judgment as well, and the fatwa is according to his view if the swearer is wronged, as you have learned. In “Al-Hindiyyah” from “Al-Muhit,” the statement of Ibrahim an-Nakha’i is mentioned, and our companions adopted it, and its essence is in “Ad-Durr al-Mukhtar”: They said: The intention is for the swearer if by divorce or emancipation, and likewise by Allah if he is wronged. If he is the wrongdoer, it is for the one demanding. There is no relevance to judgment in the oath by Allah.

(2) The statement: “You were the most righteous and truthful of them”: Qadi Iyad narrated consensus that one who swears without being demanded and without a right attached to his oath has his intention considered, and his statement is accepted. If there is a right of another upon him, there is no disagreement that judgment is based on the apparent meaning of his oath, whether he swears voluntarily or by demand. [Summarized] If the consensus is established contrary to what the apparent hadith of Muslim suggests, it is relied upon. This can be supported by this hadith of Suwayd ibn Hanzalah mentioned in the chapter, as the Prophet (ﷺ) judged him as righteous in his oath, and he is not righteous except by considering his own intention, as he intended metaphorical brotherhood, while the one demanding intended literal brotherhood. Perhaps this is the basis of the consensus. [Summarized from “Nayl al-Awtar”]