Is it permissible to swear a false oath in order to reconcile between two disputing parties?

 

Is it permissible to swear a false oath in order to reconcile between two disputing parties?.

Praise be to Allaah.

The basic principle for
the Muslim is to be honest and truthful, and he should not speak anything
but the truth, because Allaah says (interpretation of the meaning): 

“O you who believe! Fear Allaah, and be with those who are
true (in words and deeds)”

[al-Tawbah 9:119] 

And the Prophet (peace and blessings of Allaah be upon
him) said: “I urge you to be truthful, for “Truthfulness leads to
righteousness and righteousness leads to Paradise. A man will keep speaking
the truth and striving to speak the truth until he will be recorded with
Allaah as a siddeeq (speaker of the truth). Lying leads to immorality and
immorality leads to Hellfire. A man will keep telling lies and striving to
tell lies until he is recorded with Allaah as a liar.” Narrated by
al-Bukhaari, 5743; Muslim, 2607, from the hadeeth of ‘Abd-Allaah ibn Mas’ood
(may Allaah be pleased with him). 

Reconciling between people is an important issue in Islam,
one which brings a great deal of reward. There is also a stern warning
against sewing discord between people. Because of the importance of
reconciling people in the Muslim society and the seriousness of discord and
conflict, Allaah has permitted lying in order to reconcile between people
and to remove discord and conflict which may have negative consequences for
the religious commitment of individuals and communities. 

It was narrated from Abu’l-Darda’ (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be upon him) said:
“Shall I not tell you of something that is better than fasting, prayer and
charity?” They said: Yes. He said: “Reconciling between two people, for
discord between people is the shaver.” Narrated by al-Tirmidhi, who said:
this is a hasan hadeeth. And it is narrated that the Prophet (peace and
blessings of Allaah be upon him) said: “It is the shaver, and I do not say
that it shaves hair, rather that it shaves religious commitment.” End
quote. 

Whomsoever Allaah honours and enables him to reconcile
between Muslims, if he needs to tell lies in order to reconcile between
them, there is no sin on him for that, and it is not permissible to describe
him as a liar, because the matter is serious; it is the matter of shar’i
interests which means that in this case, lying is permissible, as it is
narrated in al-Saheehayn from the hadeeth of Umm Kalthoom bint ‘Uqbah
(may Allaah be pleased with her) that she heard the Prophet (peace and
blessings of Allaah be upon him) say: “He is not a liar who reconciles
between people, conveying good messages and saying good things.” Narrated by
al-Bukhaari, 2546; Muslim, 2605 

As for swearing false oaths in order to reconcile between
people, it seems that this is permissible. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)
said: 

What is prescribed for the believers is to use oaths
sparingly, even if they are true, because swearing oaths a great deal may
cause him to end up lying, and it is known that lying is haraam, and if a
lie is accompanied by an oath, it is even more haraam. But if necessity or
shar’i interests dictate that a false oath be sworn, there is no sin in
that, because it is proven in the hadeeth of Umm Kalthoom bint ‘Uqbah ibn
Abi Mu’eet (may Allaah be pleased with her) that the Prophet (peace and
blessings of Allaah be upon him) said: “He is not a liar who reconciles
between people, conveying good messages and saying good things.” She said: I
did not hear him grant any concession concerning anything that the people
say of lies except in three cases: reconciling between people, war, and what
a man says to his wife, or a woman says to her husband. Narrate by Muslim in
al-Saheeh. 

If a person says in
order to reconcile between people, “By Allaah, your companions want to
reconcile, they want to come to an agreement, they want such and such,” then
he goes to the others and says something similar, with good intentions and
aiming to bring about a reconciliation, there is no sin in that, because of
the hadeeth quoted above. 

Similarly, if he sees someone who wants to kill another
person unlawfully, or to wrong him in some other way, and he says, “By
Allaah he is my brother,” in order to rid him of this wrongdoer who wants to
kill him unlawfully or beat him unlawfully, because he knows that if he says
that he is his brother, he will leave him alone out of respect for him, then
he has to say such a thing in the interests of saving his brother from
injustice and wrongdoing. 

To conclude: the basic
principle concerning false oaths is that they are haraam, except in cases
where they will serve a greater purpose than lying, as in the three cases
mentioned in the hadeeth quoted above. 

End quote. 

Majmoo’ Fataawa
al-Shaykh Ibn Baaz,
1/54.

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