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Sawgand or qasam (oath) is a jurisprudential term referring to a confession and admission made by an individual to perform an act or commitment while taking God or a great entity as a witness; this is done to make the audience understand that fulfilling the act or commitment is as valuable to them as the thing they swore by. According to Shi'a jurists, taking an oath is unobjectionable if it is for educational purposes, guidance, repelling injustice, or venerating sacred matters; however, it is makruh (disliked) for personal affairs, and if it is a false oath, it is among the major sins. Shi'a jurists have explained the types, conditions, and rulings of "oath" in jurisprudential books.

Conditions such as not being in opposition to the Shari'a, having the power and ability to fulfill the oath, and being uttered by the tongue have been stated for an oath. Vain oaths, oaths of request, oaths of confirmation, and oaths of commitment are counted among the types of oaths. According to Shi'a jurists, someone who takes an "oath of commitment" must pay a kaffara (expiation) in case of violation. The kaffara for breaking an oath is feeding or clothing ten poor people, or fasting for three days.

Taking an oath has been customary in various cultures, past religions, Western societies, and ancient Iran. In addition to "jurisprudence", oaths are also discussed in "courts and legal affairs". Oaths are utilized in legal matters, including proving a claim and proving innocence.

Terminology

Sawgand or taking a qasam is a confession and admission that a person makes based on their honor and dignity while taking God or a great entity as a witness, thereby emphasizing their statement or making a commitment.[1] Sawgand is also referred to as commitment, yamin, ayman, and payman.[2] According to 'Allama Tabataba'i, swearing by anything is a form of venerating the subject of the oath.[3]

The person who takes an oath wants to convey to the audience that performing that act or fulfilling the commitment is as important to them as the name of God.[4] An oath is uttered either with Arabic terms like "Tallahi, Billahi, Wallahi" or Persian equivalents like "be khoda sawgand" (I swear by God), or other terms.[5]

Status and Background

Shi'a jurists have stated the types, conditions, and rulings of "oath" in jurisprudential books such as the Tawdih al-masa'il.[6] Also, oaths have been discussed in narrational books in the chapter of *Ayman* (oaths).[7]

In the Qur'an and narrations, swearing in personal matters by God or by other than God—such as swearing by the Qur'an, the Prophet (s), and the Imams (a)—is discouraged; however, if it does not have an aspect of shirk (polytheism) or is for educational purposes, guidance, repelling injustice, and venerating sacred matters, it is permissible.[8] Accordingly, various examples of oaths in the Qur'an and the words of the Infallibles (a) are seen.[9] In the Qur'an, God has sworn by the life of the Prophet (s), the Day of Resurrection, the human life and soul, angels, as well as majestic creatures like the sun, moon, night and day, the dawn, the morning, Mecca, and by food items like the fig and the olive.[10] According to some reports, oaths are mentioned 93 times in the Qur'an.[11]

Iblis was among the first who swore to deceive man.[12] Also, according to Qur'an 7:21, Satan swore a false oath to prove his benevolence to Adam and Eve. ("And I will surely mislead them all", Qur'an 15:39)[13] Prophet Abraham (a) also took an oath when addressing the idolaters that he would break the idols with his own hand.[14] Taking oaths was also common in the cultures, religions, Western societies, and ancient Iran.[15]

Types and Rulings

Swearing in personal matters is haram (forbidden) and among the major sins if it is a lie, and it is makruh if it is a true oath.[16] Oaths are discussed in two places: one in "jurisprudence" and the other in "courts and legal affairs".[17] In jurisprudence, an oath results in paying kaffara in case of lying or violation; and someone who swears a false oath in court will be sentenced to one to three years of disciplinary punishment.[18] Some applications of the oath in legal matters include proving innocence, proving a claim, proving that one has no right over the deceased, and also as a way to conclude a dispute.[19]

The kaffara for breaking an oath is feeding ten poor people or clothing them, or liberating a slave; if one is unable to do these, it is fasting for three days.[20]

Jurists have enumerated types for oaths:

  1. Vain Oath: An oath uttered out of habit without intention, will, or commitment. According to the verse: "God will not take you to task for what is vain in your oaths" (Qur'an 5:89), such oaths do not have kaffara or sin, and God does not punish people for them.[21]
  2. Oath of Confirmation or Informational: Meaning to confirm a piece of news that happened in the past or present. In case this type of oath is a lie, the person commits a sin, but there is no kaffara. This type of oath is also called "Yamin al-Ghamus" in narrations.[22] According to Ayatollah Khoei, a false oath is unobjectionable to save a Muslim.[23]
  3. Oath of Request: An oath a person uses when requesting something to motivate the other party to fulfill their request. For example: "I ask you by God to give me the book." According to some, this oath is binding neither for the swearer nor for the other party, and not fulfilling it does not cause sin or kaffara.[24]

Conditions

Jurists have stated conditions for an oath, some of which are as follows:

  • Competence of the Swearer: Among the conditions of an oath is that the person who swears must be mature, sane, and have choice and will. The oath of a person who is insane, immature, angry, or intoxicated is not accepted.[25]
  • Swearing by the Name of God: An oath by God must be by the name "Allah" or one of the names, attributes, and actions exclusive to Him, such as God, Creator, and Sustainer. According to some, swearing by other than the names of God—including the Qur'an, the Infallible Imams (a), and the Ka'ba—does not include the jurisprudential rulings of an oath like kaffara and fasting.[26]
  • Uttering by the Tongue: The oath must be uttered by the tongue, and for individuals unable to speak, it is established by writing their oath.[27] Imam Khomeini is of the opinion that the oath of a mute person is not established by writing and requires a gesture indicating that he is taking an oath.[28]
  • Lack of Opposition to the Shari'a: According to some, the oath must be for performing an obligation, a recommendation, or for abandoning a disliked or forbidden act, or for an act that has a benefit; otherwise, it does not include the rulings of an oath. For example, if a person swears to abandon maintaining ties of kinship, their oath is void.[29]
  • Power and Ability: The swearer must have the ability and power to perform the subject of the oath at the time of swearing.[30] Ayatollah Sistani believes that if they have the power to fulfill the oath later, the oath is still valid.[31]
  • Lack of Opposition from the Father or Husband: According to some jurists, a husband preventing his wife from swearing or a father preventing his child makes the oath void.[32]

See Also

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Notes

  1. ↑ Sa'idi, "Wazha-yi qasam", in Da'irat al-ma'arif-i Tashayyu', vol. 13, p. 168.
  2. ↑ Sa'idi, "Wazha-yi qasam", vol. 13, p. 169; Qur'an 5:89.
  3. ↑ Tabataba'i, Al-Mizan, 1390 AH, vol. 19, p. 403.
  4. ↑ Makarim Shirazi, Sawgand-ha-yi purbar-i Qur'an, 1386 Sh, vol. 1, p. 50.
  5. ↑ Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 460.
  6. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 809; Khoei, Tawdih al-masa'il, 1422 AH, p. 486.
  7. ↑ Kulayni, Al-Kafi, 1407 AH, vol. 7, p. 439; Shaykh al-Saduq, Al-Muqni', 1415 AH, p. 407; Shaykh al-Saduq, Man la yahduruh al-faqih, 1413 AH, vol. 3, p. 361.
  8. ↑ Subhani, Marz-ha-yi tawhid wa shirk dar Qur'an, 1380 Sh, vol. 1, p. 217; Makarim Shirazi, Sawgand-ha-yi purbar-i Qur'an, 1386 Sh, vol. 1, p. 43.
  9. ↑ Subhani, Marz-ha-yi tawhid wa shirk dar Qur'an, 1380 Sh, vol. 1, p. 217; Makarim Shirazi, Sawgand-ha-yi purbar-i Qur'an, 1386 Sh, vol. 1, p. 43.
  10. ↑ Makarim Shirazi, Sawgand-ha-yi purbar-i Qur'an, 1386 Sh, vol. 1, p. 28.
  11. ↑ Makarim Shirazi, Sawgand-ha-yi purbar-i Qur'an, 1386 Sh, vol. 1, p. 27.
  12. ↑ Kharqani, "Dar amadi bar sawgand-ha-yi Qur'ani", p. 40.
  13. ↑ Kharqani, "Dar amadi bar sawgand-ha-yi Qur'ani", p. 40.
  14. ↑ Makarim Shirazi, Tafsir-i nimuna, 1371 Sh, vol. 13, p. 431.
  15. ↑ Amin, "Sawgand dar Islam wa Iran", p. 107; Ibn Kathir, Al-Bidaya wa l-nihaya, 1407 AH, vol. 2, pp. 291 and 293; Ibn Khaldun, Tarikh Ibn Khaldun, 1408 AH, vol. 2, p. 401; Dinawari, Akhbar al-tiwal, 1364 Sh, p. 50.
  16. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 808; Makarim Shirazi, Sawgand-ha-yi purbar-i Qur'an, 1386 Sh, vol. 1, p. 35.
  17. ↑ Amin, "Sawgand dar Islam wa Iran", pp. 112 and 116.
  18. ↑ Imami, Huquq-i madani, Tehran, vol. 6, p. 225.
  19. ↑ Amin, "Sawgand dar Islam wa Iran", pp. 113-117.
  20. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 808.
  21. ↑ Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, pp. 455 and 456.
  22. ↑ Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, pp. 455 and 456.
  23. ↑ Khoei, Tawdih al-masa'il, 1422 AH, p. 486.
  24. ↑ Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, pp. 455 and 456.
  25. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 809; Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 457.
  26. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 809; Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 458.
  27. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 809; Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 458.
  28. ↑ Khomeini, Tahrir al-wasila, vol. 2, p. 106.
  29. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 809; Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 459.
  30. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, pp. 809-810; Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 459.
  31. ↑ Risala-yi tawdih al-masa'il-i maraji', 1392 Sh, vol. 2, p. 812.
  32. ↑ Mudarrisi, Ahkam-i mu'amalat, 1390 Sh, vol. 1, p. 460; Khoei, Tawdih al-masa'il, 1422 AH, p. 485.

References

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