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Is this considered an oath?

Answered as per Shafi'i Fiqh by Qibla.com

Answered by Shaykh Amjad Rasheed
Translated by Shaykh Hamza Karamali, SunniPath Academy Teacher

My friend did not want to tell me something but then I guessed what it was so she made me say wallahi I would not tell anyone. Later I accidentally told someone else. Is this still considered an oath that I need to expiate?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the Name of Allah, Most Merciful and Compassionate

It is important to know that it is unlawful to divulge someone’s secret, regardless of whether one swore an oath to conceal it or not. If, however, one swears an oath to conceal it, the unlawfulness of divulging it becomes even more emphasized.

If you intentionally divulged the secret that you swore not to divulge, then you are sinful and it is obligatory for you to repent and perform an expiation for breaking your oath.

If, however, you did not divulge the secret intentionally, but it accidentally came out without any intention to divulge the secret, or if you said it forgetfully, then no expiation is necessary.

الجواب: اعلم أن إفشاءَ السرِّ حرامٌ سواء حَلَفت على كتمه أم لا، لكن إن حَلَفت على كتمه فقد ازداد تأكُّد ووجوب كتمه، فإن كنت قد قصدت إفشاءه فأنت آثم ويلزمك التوبة وكفارة اليمين، وإن لم تقصد ذلك ولكن جرى على لسانك من غير قصد أو ذَكَرْتَه نسياناً فليس عليك كفارة. 

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