Does Thinking of an Oath Without Uttering It Have Legal Consequences?


Hanafi

Answered by Ustadh Tabraze Azam

Question: Firstly, if someone is thinking an oath, would that count as an oath? Also, is making a covenant the same as making an oath?

Answer: Wa alaikum assalam wa rahmatullahi wa barakatuh,

I hope you are in the best of health and spirits, insha’Allah.

[1] An oath is a verbal statement conjoined with a phrase of swearing, such as “By Allah”. [`Ala al-Din `Abidin, al-Hadiyya al-`Ala’iyya] Thinking of an oath has no legal implication.

[2] However, swearing an oath by using the words “By the Covenant of Allah and His Pact” (wa `ahdillahi wa mithaqihi) would count.

The expiation for breaking an oath is: [1] providing decent clothing for ten poor people; [2] or feeding ten poor people two full meals each. If one is financially unable to do either of the above, one would expiate by fasting three consecutive days. [ibid.]

And Allah alone gives success.

Wassalam,

Tabraze Azam

Checked & Approved by Faraz Rabbani