There are many traditions that support the taking of a false oath in order to save the Muslims. For example, Shaykh Ansari in his book, Makasib quotes from Imam Ja'far as-Sadiq (a.s.) and Imam Ali (a.s.) that they have narrated the following tradition of the Holy Prophet (s.a.w.s.).
The Holy Prophet (s.a.w.s.) says:
"Swear falsely by Allah, but save your Muslim brothers from unjust murder."
Ismael Ibne Saad records a confirmed tradition, wherein he says that he asked Imam Ali Reza (a.s.) concerning the person who takes a false oath to save his property from an unjust ruler.
Imam Reza (a.s.) replied,
"There is no harm (in it)."
He was again asked, "If a man takes a false oath to save the property of his believing brother, just as he had sworn falsely to save his own property. Is it allowed?"
Imam (a.s.) said,
"Yes! It is allowed."
(Wasaelush Shia)
Also Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"If one is compelled to take a false oath to save the life of a Muslim or to save his property from an oppressor or a thief, not only is the expiation of this false oath not payable but he would rather be eligible for (divine) rewards."
Monetary loss and falsehood
Two points must be remembered at this juncture. One is that even though it is permitted to lie to save oneself from every type of monetary loss, yet it is Mustahab (recommended) not to lie if one is capable of bearing the loss. Amirul Momineen Ali (a.s.) says,
"The sign of belief is that one speaks the truth even if it causes loss and refrains from a lie even if it is beneficial (to lie)."
(Nahjul Balagha)
If one is compelled he must limit himself to Toriya
Another important point is that in situations where the Mujtahids have permitted Toriya it is best not to use falsehood, but limit oneself to Toriya only.
Reconcile two believing people by using falsehood
Imam Ja'far as-Sadiq (a.s.) said:
"Speech is of three types, truth, falsehood and reconciling people."
Someone asked, "May my life be sacrificed for you. What is, 'reconciling people'?"
Imam (a.s.) replied:
"You hear someone speaking ill about somebody but you tell the other person that the former was saying good things about you."
(Wasaelush Shia)
Conveying a message of ill will
Infact one is ordered to resort to lies if by doing so, one can bring about reconcillation between two people. One who brings about such reconciliation shall not be termed a liar. Because if the message of ill will is communicated from one to other, it will only increase enmity between the two.
In the same way if a husband and wife have separated and divorce is about to take place, one is allowed to speak a lie if it can bring about a reunion. For example the husband could be told, "Your wife is very much troubled by the separation. She has such intense feelings for you that she may fall ill." Or the wife may be told similar things so that they may reunite.
Reconciliation among people
The Holy Prophet (s.a.w.s.) has said,
"After the fulfillment of wajib acts, the best action is to bring about peace and reconciliation among people. This is such an act that spreads goodness in the world."
Amirul Momineen Ali (a.s.) said that the Holy Prophet (s.a.w.s.) has said at the time of recording his will and testament.
"O Ali, Allah even likes a falsehood for the sake of peace and dislikes truth that spreads corruption."
(Wasaelush Shia)
The Holy Prophet (s.a.w.s.) has also said,
"To make peace among people and to think about reconciling people, and removing discord is better than prayers and fasting."
Abu Hanifa Saeq Al Haj says, "There was an inheritance dispute between my son-in-law and me. Our dispute was in process when the agent of Imam as-Sadiq (a.s.), Mufazzal happened to pass by. He stopped to listen for a while then returned to his house. He then gave us four hundred dirhams and solved the dispute.
Then he said, 'The money that I gave you was not mine. It belonged to my master Imam Ja'far as-Sadiq (a.s.). He had ordered me to solve the disputes among his followers through this money.'"
This shows the importance of peace and reconciliation. The Holy Prophet (s.a.w.s.) has also stated that it was better than prayers and fasting, even though this action is Mustahab (recommended) whereas the former are Wajib (Obligatory). The reason for this could be that due to prayers and fasting an individual is reformed. Whereas the peacemaker reforms the whole society and consequently prayers and fasting also become popular among the people. Unity among the Muslims is not only beneficial for the Hereafter, it is very much needed from the worldly point of view also. When the hearts of the believers unite for the sake of Allah, such a power is achieved that not only the apparent enemies can be faced but even the hidden enemies, i.e. "the self" and "shaitan", can be easily deflected.
Kur water and the united hearts
The unity and understanding among the people could be compared to Kur water. If water is divided by putting it in different vessels and each of them is less then a kur, then whenever impurity (Najasat) falls into one of them, it makes that water Najis (impure). But if all the water is collected in one place and it becomes more than a kur and if an impurity falls into it, it does not make the kur water Najis. On the contrary the kur water is capable of purifying the impurity of a Najis object. Exactly, in the same way when the people unite together, the divine mercy descends upon them and each one benefits by it. Secondly due to the unity among the Muslims they will be held in high esteem by people of different faiths.
Another example is the merits of congregational prayers and its great rewards. It is very much recommended to behave kindly towards the believing brother, to help him and support him. Similarly it is highly meritorious to visit the believers, to shake hands with them and to hug them. These actions carry great benefits. To make peace between two believers qualifies one to untold rewards. Similarly it is mentioned that to befriend a believer for the sake of Allah carries tremendous rewards. After examining the rewards for all of the above actions one concludes that all such actions have been promulgated for maintaining the unity among believers.
Falsehood in the battle-field
It is known from some traditions that during a war with unbelievers, it is permissible to use falsehood, if by doing so, victory can be gained over them.
Promise to a wife
A man can give a promise to his wife even if he does not intend to fulfill it, a man can give a false promise to fulfill his wife's desire, if he thinks that his refusal will cause dispute and discord in the family, or make his wife extremely unhappy. Obviously such falsehood is also permissible under compelling conditions when a man fears that refusing to promise may lead to an extreme situation like divorce.
However, whether such a promise is permitted or not is difficult to confirm. Some weak traditions do state that such a false promise is allowed. For example if a wife asks for something, her husband can give her a false promise.
Fear of retribution and good deeds
Hazrat Ali Ibne Abi Talib (a.s.) says:
"Avoid lying! For when one desires something he strives for it and when one fears something he strives to keep it away from himself."
(Al Kafi)
Imam Ali (a.s.) explains the above tradition as follows: If one sincerely desires the pleasure of Allah one must strive for it and one of the ways of doing so is by refraining from lies. Falsehood is a forbidden act causing extreme displeasure of Allah. In the same way if one really fears divine retribution, one must keep aloof from sins, for sins incur punishment. If a person merely claims that he hopes for divine rewards and fears divine punishment, but does not perform good deeds nor refrain from sins, he is a liar.
The following saying of Amirul Momineen Ali (a.s.) is recorded in Nahjul Balagha:
"One who thinks that he hopes (in divine rewards) but his actions do not express it, then by Allah, he is a liar. For when he hopes for something it becomes apparent from his actions.
But if he hopes in Allah and his actions do not show it? In the same way when one is afraid of something his actions express this (fear) and he flees from that thing. Then after claiming to be fearful of divine punishment why does he not flee from sins?"
Thus if a person who claims to be fearful of Allah and hopeful of divine rewards, but whose actions do not confirm his claim, is considered a liar. In the same way a person who claims to have the traits of patience, thankfulness, contentment and resignation etc. which are not shown in his behaviour is also a liar.
Your speech must conform to your thoughts
Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"Whenever you say 'Allaho-Akbar' (Allah is the greatest) you must consider everything between the earth and the sky to be lesser than Allah. Because when Allah sees that a person say Allaho-Akbar only superficially, He says, 'O liar! You try to be smart with Me? By My Might and Honour I shall deprive you of My remembrance.'"
It is regretful that people verbally say, 'Allaho Akbar' but their actions belie their words. For if they are told to do something for the sake of Allah or to refrain from something for the sake of Allah they do not pay any heed, but if a monetary fine is due for any disobedience, they are sure to respond. Thus money has importance for them than Allah's pleasure or displeasure. There are people who perform particular actions or restrain from them only due to fear of harm by fellow humans. If they are told to do so only due to the fear of Allah, they will not be impressed.
A show of submission
A person who says to Allah, 'Thee only do we worship and Thee only we ask for help', but his actions are such that day and night he is involved in the acquisition of wealth and is preoccupied in the satisfaction of carnal desires. Can we consider this man to be truthful? Does this man really worship Allah?
In the same way many a man puts his trust and faith in the apparent agencies through which he gets his profit and gain. He regards these as the deciding authorities and seeks their help, overlooks the fact that these means themselves are through Allah's grace. Can such a person be truthful when he says "Thee only do we worship and Thee only we ask for help?"
Falsehood in supplications
Oftentime people supplicate with the following words, "I am pleased with my Lord and Cherisher, He the sole cherisher of all the creatures. I am satisfied with Him."
But if the situation changes and these people are faced with distressing circumtances, they do not hesitate to complain about what Allah has decreed for them. In such a case the above-mentioned supplication amounts to lying.
Confession of Belief in the Imams (a.s.)
The supplication, "I am pleased that Muhammad (s.a.w.s.) is my Prophet; and Quran is my Book and Ali is my Imam; and all of them are for my guidance," will also be a lie when uttered by a person who does not practice the tenets of Islam as explained by our Ahlul Bayt (a.s.) and behaves according to his own whims and fancy.
Do you speak the truth?
A man prays, "(O Allah) when I look at my sins, I weep and when I see Your mercy and forgiveness I become hopeful and happy in anticipation that You will forgive me," but when faced with temptations, he makes no serious toil to restrain himself and commits sinful acts without any qualms. The falsehood of such a person is clear.
In the same way if a person says, "I weep due to (the fear of) the agony of death, due to the fear of questioning of the grave, due to the fear of Qiyamat," while in reality he is not fearful of any of these, his falsehood is obvious. It could be this very kind of falsehood that is referred to in Dua Abu Hamza Thumali of Imam Zainul Abedin (a.s.):
"O Allah! May be You have found me in the position of a liar and for this (You have taken away your mercy from me) left me on my own condition."
Lying to the Imams (a.s.)
An example of lying to the Imams (a.s.) is that of a person who recites the Ziarat and says, "(O Imams) I accept your sayings and act upon your commands and obey you," but who does not do so in reality. In fact he obeys his own desires. Such a person is a hypocrite! He is lying to the Imams (a.s.).
Another example of such a falsehood is when he says in Ziarat, "We make peace with those who are at peace with you and we make war with those who are at war with you." Even though he verbally claims this, in actual practice he is friendly with the enemies of Islam. Also, he is inimical to the believers. He also claims, "I keep aloof from your opponents," but does not act upon it. Isn't such a person lying to the Imams (a.s.)?
Then how should we pray?
A question arises here that if by reciting a dua or Ziarat, if one is bound to utter lies, then how should one pray?
Although a detailed reply to this is beyond the scope of this book, we can say in brief that the manner of praying denounced by us is when the supplicant invokes Allah, the Holy Prophet (s.a.w.s.) and the Imam (a.s.), but he takes his supplication lightly and makes no sincere effort to better himself.
However, a believer should not feel that since it is not possible to avoid falsehood in prayers it is better not to pray. This is despair of Allah's mercy and a satanic instigation to keep the believer away from the divine rewards. What one should do is to pray sincerely and to achieve perfection in a gradual manner and Allah will surely help such a person in achieving this ultimate aim.
A person either understands the meanings of duas and Quranic verses (as those quoted above) or not. Even if one recites them without following the actual meaning, the duas and Quranic verses will illuminate his heart by their light. He will also be eligible for the divine rewards.
Every person has a different position
With respect to knowledge and piety our Masoomeen (a.s.) occupy the highest position. Amongst the believers there is a wide spectrum of people capable of different levels of understanding and piety, but none can reach the stage of Masoomeen (a.s.). All believers succumb to their desires and selfish motives to a greater or lesser extent. Consequently they fall prey to sins and disobey Allah. This is inevitable. This situation is aptly described in the following words of Dua Abu Hamza Thumali.
"O Allah! I did not sin due to disbelief in You, nor did I sin considering Your command insignificant or thinking that your punishment is light. But I sinned due to the instigation of my selfish desires and due to pride..."
The believers can comfort themselves that they are not really lying when they do not rise up to the level expected in the supplication they utter. They can also comfort themselves that they are believers because they fear Allah and repose their hope in Allah, as the Holy Quran says:
"And fear (only) Me if you are believers. "
(Surah Aale Imraan 3:175)
Firm conviction and disobedience
Even though the belief in Allah and the fear of His retribution is present in man, he is still prone to sins. It is not that one who believes in Allah cannot sin. For example, who does not know that a dead body cannot cause any harm? Everyone firmly believes in it. Yet how many people can stay alone with a corpse at night? Here a firm belief is unable to rid the man of his fear of the dead. Even a firm belief cannot guarantee one's actions. It is for this reason that we recite in Dua, "Bestow upon me such a firm conviction that I can worship you with sincerity." There is no doubt that if one prays to Allah out of intense fear; which would restrains him from committing sins, Allah will surely create such a fear in his heart.
Also the magnitude of his fear increases along with the increase in grades of piety and obedience which he achieves due to constant efforts.
It has been mentioned in the traditions:
"Whoever desires something and strives for it, finds it."
Truly! Being absolutely truthful seems possible only for the Masoomeen (a.s.). As the Holy Quran states,
"And be with the Truthful Ones!"
(Surah Tauba 9:119)
The "Truthful Ones" referred to in this ayat are the Ahul Bayt (a.s.).
According to the traditions 'false oath' belongs to the category of greater sins. False swearing is a greater sin as mentioned in the authentic tradition recorded by Abdul Azeem and also in the tradition of Imam Reza (a.s.) as quoted by Fazl Ibne Shazaan. There is a report from Imam Ja'far as-Sadiq (a.s.) in the book Tuhafful Uqool:
"False swearing causes destruction of the faith."
(Behaarul Anwaar)
According to traditions a person who conveys a false report or oath will be sunk in depravity and will be surrounded by hell fire. The traditions state that false oath destroys a person's faith just as a sharp blade removes hair from the body. To swear by Allah, to convey a falsehood is a particularly detestable sin.
Punishment for a false oath
"(As for) those who take a slender price for the covenant of Allah and their own oaths-surely-they shall have no portion in the hereafter, and Allah will not speak to them, nor will He look upon them on the Day of Resurrection nor will He purify them, and they shall have a painful chastisement."
(Surah Aale Imraan 3:77)
This same verse was quoted by Imam Ja'far as-Sadiq (a.s.) to prove that taking a false oath is one of the greater sins.
The Prophet (s.a.w.s.) orders the taking of oath
An interesting incident is quoted in Tafseer al-Mizan from the book Amali. Imrul Qays and another man had a dispute regarding some property. Both of them came to the Holy Prophet (s.a.w.s.). He (s.a.w.s.) asked Imrul Qays,
"Can you provide two just witnesses to substantiate your claim?"
He replied, "No!"
The Holy Prophet (s.a.w.s.) said,
"Then your opponent should take an oath."
Imrul Qays said, "But what if he swears falsely and acquires my property?"
The Holy Prophet (s.a.w.s.) replied,
"If he swears falsely he shall be included among people who will not be eligible for Divine Mercy on the Day of Judgment and Allah shall not purify him of sins. There would be a dreadful punishment for such a man!"
When the litigant heard these statements he was filled with horror and gave up his false claim to the property of Imrul Qays.
Hazrat Imam Ja'far as-Sadiq (a.s.) is reported to have said:
"One who knowingly takes a false oath had made war upon Allah."
(Al Kafi)
Imam Muhammad al-Baqir (a.s.) says that the Holy Prophet (s.a.w.s.) said:
"Refrain from false oath, because it destroys inhabitations and makes the sinner helpless."
(Al Kafi)
According to other traditions, false oath and severing relations are two such sins that cause the destruction of towns and cities. The inhabitants are eliminated and the progeny terminated.
Evil consequences of false oaths
Hazrat Imam Ja'far as-Sadiq (a.s.) says,
"One who swears falsely becomes poor within forty nights" (means forty days).
(Al Kafi)
Many traditions of similar connotations are available. The same Imam (a.s.) has also said:
"The false oath that takes one to the fire is the one which is taken to usurp the right of a Muslim or to usurp his property."
And Imam Ja'far as-Sadiq (a.s.) also remarks,
"When a person says, "Allah knows!" when in fact he is speaking a lie; then Allah tells him, 'Didn't you find anyone other than Me to ascribe the falsehood to?'
(Al Kafi)
The Holy Imam (a.s.) also says:
"When a person says 'Allah knows' and the fact is that Allah knows contrary (to what he alludes), the heavens shudder due to the Might and Divine anger."
Types of oaths
An oath is taken to prove some fact or report, or to relate the same with emphasis. There are four kinds of oaths:
1. Wajib (Obligatory).
2. Mustahab (Recommended).
3. Makrooh (Detestable).
4. Haraam (Prohibited).
When does it become wajib (obligatory) to swear?
It is wajib to take an oath in a situation where one's life or honour, or that of another Muslim, is in danger, and taking the oath can ward off the danger. When it is wajib to protect ones property it is also wajib to take an oath for its protection. In fact in all the above situations it is wajib even to take a false oath, although as a precautionary measure one should first try ones best to employ Toriya.
Mustahab oath
There are situations where it is Mustahab to take an oath or to refrain from doing so. In case of very insignificant property belonging to oneself or to another Muslim it is not wajib to swear. In this case it will be Mustahab to do so. Property that is usually considered insignificant is worth thirty Dirhams or less.
Zurara asked Imam Muhammad al-Baqir (a.s.): "The oppressive rulers forcefully collect taxes from us. Can we swear falsely that we have nothing to give tax on when it is not possible to save our money without swearing falsely?"
Imam (a.s.) said,
"Take such oaths! Such oaths are more sweet than dates and butter."
(Wasaelush Shia)
However if the property is not worth much, especially if its value is less than thirty Dirhams, then it is Mustahab not to swear falsely, even if it may be necessary to save oneself from the oppressor.
Hazrat Imam Ja'far as-Sadiq (a.s.) has quoted the following tradition from the Holy Prophet (s.a.w.s.):
"Respecting the Greatness of Allah if one refrains from swearing, Allah shall give him much better than whatever he has lost."
(Furu Al Kafi)
Imam Ja'far as-Sadiq (a.s.) says:
"If there is claim against you regarding some property and the claimant does not have any right upon you, and desires to make you take an oath, then if the claim is for something worth less than thirty Dirhams, hand it over to him and do not take an oath. But if it is worth more than thirty Dirhams, take the oath and do not give him anything."
(Furu Al Kafi)
The Holy Prophet (s.a.w.s.) says:
"If a person takes his debtor (or one who owes him something) to the court of the ruler; and the king asks him to swear; and knowing that he is on the right he respects the Greatness of Allah and refrains from swearing, then on the Day of Qiyamat Allah shall not desire for him a position less than that of Hazrat Ibrahim (a.s.)."
Imam Sajjad (a.s.) avoids swearing
In the book Al Kafi there is a tradition, which says that a wife of Imam Sajjad (a.s.) had some connection with the tribe of Bani Hanifa. A Shia of Imam (a.s.) informed him that this wife of his bore enmity to Amirul Momineen (a.s.). After investigating the matter Imam (a.s.) divorced her. She had already received the Meher amount (Dower), but she filed a claim for it against Imam (a.s.) in the court of the ruler of Madinah. She demanded four hundred Dirhams as Meher from him. The ruler of Madinah told Imam Sajjad (a.s.), "Either you swear that you have already paid her or you pay the amount of Meher (now)." Hazrat Syed-e-Sajjad (a.s.) did not swear, but ordered his son Hazrat Muhammad al-Baqir (a.s.) to pay four hundred Dirhams to the woman. Hazrat Baqir (a.s.) said, "May I be sacrificed for you! Are you not on the right?"
Imam (a.s.) replied,
"Why not? But I consider Allah to be much more honourable than this matter, that I swear by His name for some petty worldly property."
Swearing for the sake of emphasis
Not only it is permitted but it is mustahab to swear in order to emphasize on a true fact, or to prove some fact, or to show its importance. For example the Holy Prophet (s.a.w.s.) speaks after taking the oath:
"By Allah! Allah does not delay in forgiving, Though you may be lazy in seeking it."
(Masaalik)
Another example of an oath is the following saying of Amirul Momineen (a.s.):
"By Allah! If people knew what I know then very few would have laughed and many more would have wept."
(Masaalik)
There are numerous Quranic verses and the traditions of Masoomeen (a.s.) where oath is taken. All of them are of this same type. They are for emphasis and for proving particular facts.
A person wrote a letter to Imam Muhammad Baqir (a.s.) and asked about something which was being wrongly attributed to him (Imam a.s).
Imam Baqir (a.s.) wrote the following reply,
"By Allah! What is being attributed is not correct. But under no circumstance do I like to say "By Allah" to disprove it. Yet I regret that such a thing is being said when it really isn't so."
(Mustadrakul Wasael)
Swearing is Makrooh
We have already described the wajib and Mustahab oaths. Apart from these, in all other situations, it is Makrooh (detestable) to swear. It is irrelevant whether the oath is for something past, present or future. In ordinary situations, for ordinary matters, taking an oath is Makrooh. Swearing for a false thing is certainly Haraam. It is the command of Imam Ja'far as-Sadiq (a.s.):
"Do not swear by the name of Allah, whether you are speaking the truth or lying."
(Furu Al Kafi)
"Because Allah says in the Holy Quran,
"And make not Allah because of your swearing (by Him) an obstacle to your doing good...""
(Surah Baqarah 2:224)
Hazrat Imam Ja'far as-Sadiq (a.s.) also says,
"One who swears falsely by Allah for a lie has disbelieved, and one who swear by Allah for truth has sinned, because Allah says: "Do not use Allah for (taking of) your oaths."
(Furu Al Kafi)
The above quoted traditions could be simply explained thus:
To swear falsely in the name of Allah is definitely a greater sin and one who indulges in a greater sin, falls down from the highest position of Faith. Due to this some amount of disbelief comes to his heart. Imam (a.s.) has also called a true oath a sin and he has used the word "Ithm" (sin). Since it is prominent among the Mujtahids that a true oath is Makrooh the word "Ithm" would imply something which is very very undesirable.
A Lesson from Hazrat Isa (a.s.)
The book Furu Al Kafi also contains the following report from Imam Ja'far as-Sadiq (a.s.):
"The apostles of Hazrat Isa (a.s.) came to him and said, "O the teacher of good, give us some advice."
He (a.s.) said, "Certainly, Musa, the Prophet of Allah commanded you not to swear falsely by Allah. And I order you not to swear falsely and (nor) truly."
(Furu Al Kafi)
source : GREATER SINS by Ayatullah-ul-Uzma Sayed Abdul Husain Dastghaib Shirazi (r.a.)