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What is the rule of making mental oaths?

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by:  Aalimah Nasima Umm Hamza​


Question:


Assalamu Alaikum Wa Rahmatullah


My question is regarding mental oaths. If I have made a mental oath but have not done it properly i.e I did not specify what oath I was making but only used the words, ‘qasam wallah’ … or ‘walaqtubillah’ in my mind, in this case, does it make the oath valid?


Mufti Menk said that mental oaths are not valid or binding and Mufti Siraj Desai pointed out that mental oaths have to be uttered verbally, but I would really like your opinion as well.


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Answer:


بسم الله الرحمن الرحيم


In the name of Allah, the Most Gracious, the Most Merciful.


Oaths made in the mind are not valid oaths. An oath must be made verbally, with the movement of the mouth and tongue as a minimum.


 


“‏ إِنَّ اللَّهَ تَجَاوَزَ لأُمَّتِي مَا حَدَّثَتْ بِهِ أَنْفُسَهَا مَا لَمْ يَتَكَلَّمُوا أَوْ يَعْمَلُوا بِهِ ‏”


The Messenger of Allah (ﷺ) said:


“Verily Allah forgave my people the evil promptings which arise within their hearts as long as they did not speak about them or did not act upon them.” [1]


 


Only Allah Knows Best


Answered by Aalimah Nasima Umm Hamza


Checked and approved by Mufti Mohammed Tosir Miah


Darul Ifta Birmingham


 


 


[1] Sahih Muslim, Hadith Number 127


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