English

QCF V2

Mahmoud Khaleel Al-Husary

Ibn Kathir (Abridged)

Hasan Efendi Nahi

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

1. It refers to a person swearing an oath, believing something to be true, and then discovering it is otherwise. [Abū Hurayrah, Ibn ʿAbbās, al-Ḥasan, ʿAṭāʾ, al-Shaʿbī, Ibn Jubayr, Mujāhid, Qatādah, al-Suddī, Mālik, Muqātil]
2. It refers to a person saying, “No, by Allah” or “Yes, by Allah” without the intention of making a binding oath. This opinion is held by ʿĀʾishah, Ṭāwūs, ʿUrwah, al-Nakhaʿī, and al-Shāfiʿī. Proponents of this view cite the verse, “but He will call you to account for what your hearts have earned” (2:225). The ‘earning of the heart’ implies intentionality and commitment. Both of these interpretations are attributed to Imām Aḥmad. His son ʿAbdullāh narrated that he said: "*Laghw* to me is when one swears an oath thinking it is as such, so there is no expiation. Or when a man swears without his heart intending anything, so there is no expiation."
3. It refers to an oath made by a man in anger. [Ṭāwūs from Ibn ʿAbbās]
4. It is an oath taken by a man regarding a sinful act, for which he should break the oath, perform expiation, and there will be no sin upon him. [Saʿīd ibn Jubayr]
5. It refers to a man swearing an oath and then forgetting it. [al-Nakhaʿī]

What is meant by "unintentional speech (*laghw*) in oaths"?