Types of Oaths

Oaths are divided into three types based on whether they are binding or not: --- **1. Laghw (Thoughtless/Unintentional Oath):** Swearing without intending an oath, such as saying "No, by Allah" or "Yes, by Allah" without meaning it as an actual oath. Or: Swearing about something believing it to be true, then it turns out to be false. **Evidence:** Allah says: "Allah will not call you to account for thoughtless oaths (laghw)" [Al-Ma'idah: 89]. Aisha (may Allah be pleased with her) said: "This verse was revealed regarding a person's saying: 'No, by Allah' and 'Yes, by Allah' and 'Indeed, by Allah'" [Bukhari]. **Ruling:** - No expiation required - No accountability - No sin on the one who makes it --- **2. Mun'aqidah (Binding Oath):** An oath that the swearer intends and is determined upon, concerning a **future** action, and is about something **possible**. This is a binding, intentional oath. Expiation is required if broken (hinth). **Evidence:** Allah says: "Allah will not call you to account for thoughtless oaths, **but He will call you to account for oaths you have sworn intentionally**" [Al-Ma'idah: 89]. **Note:** Hinth (الحِنث) means: not fulfilling what the oath required. --- **3. Ghamūs (False/Perjury Oath):** A lying oath used to consume others' rights, or intended for deception and treachery. The swearer knows he is lying. **Ruling:** - It is a **major sin** - This oath is **not binding** - **No expiation** for it - because it is too grave to be expiated - Because it is not a binding oath, it doesn't require expiation like laghw - **Repentance** is obligatory - **Returning rights** to their owners is required if any were lost due to it **Why called "Ghamūs":** Because it "immerses" (yaghmus) its maker in sin, then in the Fire of Hell - may Allah protect us. **Evidence of its prohibition:** Allah says: "And do not take your oaths as means of deception among you, lest a foot slip after it was firm, and you taste evil for having turned others from the way of Allah, and you have a great punishment" [An-Nahl: 94]. The Prophet ﷺ said: "The major sins are: associating partners with Allah, disobedience to parents, killing a soul, and the ghamūs (false) oath" [Bukhari]. The Prophet ﷺ said: "Five things have no expiation: associating partners with Allah, killing a soul unlawfully, slandering a believer, and a ṣābirah oath used to take wealth unlawfully" [Ahmad - acceptable]. **Note:** "Ṣābirah oath" (يمين صابرة) is another name for the ghamūs oath - called ṣābirah from "ṣabr" (restraint/compulsion) because its maker is bound by it and compelled upon it; it becomes binding upon him from the judgment side.