THE NEZIRLER SECTION · 8 – A VOW OF TARIZ
Narrated on the authority of Abu Huraira, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said: “The oath is established upon the intention of your companion.”
Abu Dawud said: Abdullah ibn Abi Salih and Abbad ibn Abi Salih are the same person.
EXPLANATION:
Oaths may be made explicitly or through implication and irony.
The ruling regarding an oath depends on the intention of the one who compels the oath. If a person were to say to another, "I swear by Allah that I was in your house this evening," and he replies, “I swear by Allah, I was in the house,” then the oath is dependent upon the intention of the one who compelled the oath. The one swearing did not say, “No, I was not in my house.” He swore, "I was in the house." If he were to say, "Yes, I was in the house, but in another house," then consideration would be given to the intention of the one who compelled the oath.
3256 – From Suwayd ibn Hanza (may Allah be pleased with him), we set out to visit the Messenger of Allah (peace and blessings be upon him). Wail ibn Hujaar was with us. Wail was captured by his enemies. It became difficult for those with us (his relatives) to swear an oath (falsely, claiming he was related to them). I, however, swore that Wail was my brother, and he was released. We came to the Messenger of Allah (peace and blessings be upon him), and I informed him about how it had been difficult for the companions to swear regarding Wail, and that I had sworn that he was my brother. The Messenger of Allah (peace and blessings be upon him) said: “You have spoken truthfully; every Muslim is a brother to another Muslim.” [142]