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.

Answered according to Hanafi Fiqh by Askimam.org

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

Wassalam

A Female Iftaa Student

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah

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