Is swearing upon the Quran that the company operated on official and religious holidays, and that the swearer worked extra hours without receiving additional pay, considered a false oath (yamin ghamus), especially since the judge did not specify the number of official and extra holidays worked?
We fear that the question might be a result of waswasah (whispers/obsessive thoughts). Indeed, an oath of false witness ( ghamus) is one in which the swearer intentionally lies, such as swearing about a past event while knowing that he is lying. Scholars like Zakariya al-Ansari, Ibn Hajar al-Haytami, al-Birmawi, and Ibn Muflih have clarified that yamin ghamus is swearing about the past, falsely and intentionally. This aligns with the noble Prophetic Hadeeth: "Whoever intentionally lies about me, let him take his seat in Hellfire." So, if the swearer does not believe himself to be lying, or does not intentionally lie to the judge, then his oath is not ghamūs.
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