Bismillahi Al-Rahmani Al-Rahim
Swearing Using the Prophet (Allah bless him and
give him peace) Revisited
Q
Can you please refer me to one of the classical
books of the Hanaabilah that make an exception with regards to
swearing an oath by our beloved Prophet - SallAllahu 'Alaihi
wa-sallam - such that it is binding and requires atonement if
broken?
With regards to Ibn Qudaamah considering swearing an oath by
other than Allah Makrooh, then being very honest, this is what it
seems by reading his words in Muqni'. However, his words in
al-Mughni portray the opposite, where he begins his discussion by
affirming the Tahreem, and then citing the relevant
Nusoos for it. Then he mentions the arguments of the opponents,
and begins his refutation by saying.. "wa lanaa…". As one
notices, he says at the end of his discussion, that even if we do not
consider it as Haraam, then it is Makrooh.
And Allah knows best.
A
al-salamu `alaykum wa rahmatullahi wa barakatuhu
Of the sources I mentioned in the original message (Al-Muqni` ,
Al-`Uddah, Nail Al-Ma'arib , Kash Al-Mudhadarat
, and Al-Raudh Al-Murbi`, and Kashf Al-Mukhadarat) only
Kashf Al-Mukhadarat mentioned both that is is haram and that it is
binding (see pages 2:460-61). These are all short books, and I am
sure that you will find the same things in the late longer books such as
Ghayat Al-Muntaha, Kashshaf Al-Qana` , Sharh
Al-Muntaha, and Al-Insaf.
It is not odd at all to find Ibn Qudamah says one thing in one of his
earlier books, like Al-`Umdah or Al-Muqni`, that is not
exactly what he has in Al-Mughni. Sometime he does not mention an
issue in an earlier book that is mention in a later, and sometimes he
clearly mentions an issue in an earlier book and in a later book seems to
support the opposite. If you wish, compare what he says about women
covering their hands during prayer in Al-`Umdah and
Al-Mugni.
And Allah knows best.
wa al-salamu `alaykum
--musa