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15,64312/03/2010

Ruling on swearing a false oath in order to reconcile between people

Question: 148571

What is the ruling on one who swears an oath when reconciling between two parties, then breaks the oath?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

This question is rather ambiguous but may be discussed as
follows. 

If he said, “By Allah, I will do such and such,” or “By
Allah, I will help you to do such and such,” or “By Allah, he did not do
such and such” — and he did that for the purpose of reconciliation, then if
he swore an oath for the purpose of reconciliation in a way that did not
harm anyone, there is nothing wrong with it. [So he could say:] “By Allah,
So and so said such and such about you… By Allah, such and such a group
praised you and thanked you and say that you are their friend,” in order to
bring about reconciliation between them. 

But if he said, “By Allah, I will visit you, or I will help
you with something if you reconcile, and stop this dispute,” then in this
case he has to fulfil what he promised them, because promises are important
and one of the characteristics of the believer is that he fulfils his
promises. Allah said concerning Ismaa‘eel (interpretation of the meaning):

“And mention in the Book (the Qur’ân) Ismâ‘îl (Ishmael).
Verily, he was true to what he promised, and he was a Messenger, (and) a
Prophet”

[Maryam 19:54].  

He should not break his promise, because breaking a promise
is one of the characteristics of the hypocrites, and when a hypocrite makes
a promise, he breaks it. He has to offer expiation if he did break his
promise, even though he acquired one of the characteristics of the
hypocrites by breaking his promise. He still has to offer kafaarat yameen
(expiation for breaking an oath), because he said, “By Allah, I will visit
you on such and such a day,” or “By Allaah, I will help you,” but he did not
do that, so he has to face the consequences and he may be sinning according
to those who say that it is obligatory to fulfil oaths based on the apparent
meaning of the evidence. Or he may not be sinning, but he has acquired one
of the characteristics of the hypocrites that he should not have acquired. 

The apparent meaning of the shar‘i evidence is that
fulfilling promises is something obligatory, and that breaking them is
something haraam and is one of the characteristics of the hypocrites. It is
not appropriate for one who seeks to bring about reconciliation to break his
promise, because this will affect future attempts at reconciliation. So he
should never break his promise; rather he should keep his promise and strive
hard to do that. 

This also applies to other oaths that are sworn falsely in
order to bring about reconciliation and which do not harm anyone. There is
nothing wrong with doing that for this purpose of reconciliation, because of
the apparent meaning of the saheeh hadeeth narrated from Umm Kulthoom bint
‘Uqbah ibn Abi Ma‘eet who said: I heard the Messenger of Allah (blessings
and peace of Allah be upon him) say: “He is not a liar who reconciles
between people and conveys something good or says something good.” She said:
I never heard him allowing a concession for any kind of lying except in
three cases: when reconciling between people, during war, and when a man
speaks to his wife or a woman speaks to her husband. 

Lying which does not harm people is permissible in cases of
reconciliation, but it should benefit the people among whom reconciliation
is sought, and it should not harm anyone else. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) 

Source

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