Fatwa: # 15383
Category: Jurisprudence and Rulings...
Country: Canada
Date: 24th June 2007

Title

Kaffara for taking a Qassam

Question

I have a question about qasam like if some one  had this false qasam that  walahe i dint do this and after the person realises that he did comiit a sin and wants to do kafara so what would that b so the person can ask for forgivness.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

 

Taking an Oath is of three different kinds:

 

1.      Yameen Gamoos is an oath regarding an issue of the past, in which a person speaks an intentional lie of the past.  e.g. For example a person swears an oath that he had done a certain act whereas he did not, or vice versa.


Rasulullah صلى الله عليه و سلّم  says in a narration of Bukhari, “Major sins are shirk, disobedience to parents, murder and the ‘ghamoos’ oath. (Mishkaatul Masaabeeh, pg. 17)

 

The word ‘ghamoos’ is derived from the root word ‘ghams’ which means the complete merging of one thing into another.  Certain scholars explain that this particular term is used because such a false oath will cause a person to be submerged in Jahannam.


One must do Istighfaar and Taubah for a yameen gamoos; and there is no kaffarah.

 

2.      Yameen Mun’aqidah is when a person takes an oath concerning a future actand he fails to honour the oath.

 

3.      Yameen Laghw (Inconsiderate oaths): This is when a person takes an honest oath concerning an incident of the past, whereas the incident never occurred or happens to be otherwise.  This is called ‘laghw’ (futile oath). For example a person says, “I never went to Amr house”, whereas he did go but honestly feels that he did not go.


The following verse makes reference to this type of oath regarding which a person will not be answerable.


Allah Ta’alah states in the Quran “Allah does not hold you accountable for what is ineffectual in your oaths, but holds you accountable for what your hearts have caused.  And Allah is forgiving, Forebearing.  (Surah Baqarah, Ayah 225)


According to Hadrat Aisha Radiyallahu anha, the futile oath is that which is used in common dialogue e.g. ‘Wallah’ (words which are not intended as oaths but resemble them.)  (Bukhari, Vol 2, pg 986)

 

If you have taken a false Qasm regarding an issue of the past, this is Ghamoos. There is no kaffarah for this type of an oath. You should regret your wrong and make tawba.

 

Hawaalah:  Hidayah (Kitaabul Aymaan), Maariful Quran (Mufti Shafee’ Usmani), Illuminating Discoruses on the Noble Quran (Moulana Muhammad Aashiq Ilahi)

 

 

And Allah knows best

A Female Iftaa Student

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

 

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]