YAMEEN

Be careful / Beware! It is not Yemen. It is Yameen which means strength. The right hand is also called Yameen because, in principle, a person has more strength in his right hand.

An oath is also called Yameen because it reinforces the will of a person to make him refrain from something. Long ago, people had the habit of raising the right hand when taking an oath. Perhaps due to this also, it is called Yameen.

When taking a Yameen or an oath, a person tends to take the name of something that he considers valuable. It is perhaps due to this same mindset that we often see people taking an oath by placing their hand on the head of their child or their wife or on a person who is very dear to them. People, who have great reverence for creatures such as the sun, fire or others, take an oath on these things. But there is nothing more beloved than Allah Ta’ala to a Muslim.

That is why a Muslim takes an oath solely in the name of Allah Ta’ala. It is true that for a Muslim, Nabi (Sallallaahu Alaihi Wasallam) is more beloved than everyone else after Allah Ta’ala to the extent that a Muslim must love Rasulullah (Sallallaahu Alaihi Wasallam) more than his parents, his children, the entire humanity and even his own person. But despite this, one does not have the right to take an oath in the name of Rasulullah (Sallallaahu Alaihi Wasallam) because Rasulullah (Sallallaahu Alaihi Wasallam) himself said:

"Allah Ta’ala prohibits you from taking an oath in the name of your ancestors. The one, who has to take an oath, must either take the oath in the name of Allah Ta’ala or he must keep quiet."

Therefore, one must take an oath only in the name of Allah Ta’ala and not in the name of anyone else besides Allah Ta’ala. In regards to the oaths in the Qur’an-e-Kareem that Allah Ta’ala took on His creatures such as the sky, the earth, the sun, the moon, etc., this is just to show their importance in human life. This is not a proof to allow us also to do the same because we ought to do what the Shari'ah has commanded us to do. We must not look at what Allah Ta’ala has done. We must just see what Allah Ta’ala has commanded us to do. Allah Ta’ala has the right to do what He wants. Thus, He has the right to take an oath in the name of any of His creatures.

There are three categories of Yameen:

1. Yameen Laghw,

2. Yameen Ghamus and

3. Yameen Mun'aqidah.

1. Yameen Laghw :- 

It is a statement that a person makes with the formula of oath without the intention of taking an oath and without having the idea of taking an oath. This does not have any effect.

2. Yameen Ghamousse :-

It is a false oath that a person takes regarding something that has already happened. That is, a person takes an oath that he did something while he did not do it or he takes an oath that he did not do something while he did it. So, he has taken the name of Allah and has lied. This is a very grave sin because according to a Hadith found in Saheeh Bukhari, Rasulullah (Sallallaahu Alaihi Wasallam) qualified it as a grave sin and he has classified it among the major sins. Sincere Tawbah must be done to erase this sin.

3. Yameen Mun'aqidah :- 

It is an oath that a person takes regarding something that he decides to do or not to do in the future. For example, a person takes an oath in the name of Allah Ta’ala that he will not consume certain food or that he will not speak to a certain person or that he will not go to a certain place. When a person takes such an oath, he must respect it. He must not break his oath. Unless the oath is against the Shari’ah, then he must break the oath. For example, he has sworn not to speak with an Imam in his locality, and yet the Imam is not at fault. In this case, he must break his oath.

An oath is broken when the person performs something that he had sworn not to perform. Let’s say he had taken an oath not to consume something, thus, his oath will break when he will consume that food.

When a person breaks his oath, he must give Kaffaarah. Kaffaarah is like a fine that compensates for that error or the gravity that he committed by breaking his oath. 

According to the Qur’an-e-Kareem, a person, who has broken his oath, must feed ten poor people with an average food that people in general consume, or distribute clothes among ten poor people, or free a slave. And if a person does not have the means to do one of these three, he must observe three consecutive fasts.

If a person chooses to feed the poor for his Kaffaarah, he must give them two meals. If he wants, he can give each one the value of one Fitra instead of giving food.

It should be noted that as far as possible, a person should refrain from taking an oath, even if it is something true because such a habit, in the long run, will make him lack respect for the name of Allah Ta’ala and this can be a means to take false oath. Therefore, we should refrain from such a habit.

[English version of "Yameen" – Al Jamiat – Vol.3 No.12]