How could Sufyan al-Thawri's use of mental reservations be permissible when the Messenger of Allah (peace be upon him) said: "Your oath is according to what your companion believes it to be true"? And did Sufyan al-Thawri err by doing so?
The validity of an oath is based on the intention of the one swearing it. If a person intends with their oath what the words can convey, then that is not considered a lie, due to the Prophet's (PBUH) saying: "And indeed, every person shall have what he intended." This is what Sufyan did when he intended, by his return, to retrieve his sandals. However, an oath that entails a right for another party is based on the intention of the one for whom the oath is sworn, due to the Prophet's (PBUH) saying: "The oath is based on the intention of the one administering the oath." The Caliph has no right over Sufyan for the intention of the oath to be for him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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