The kullama oath

Question

Zayd swore a kullama (“whenever”) oath. Its form was this: the man says: «کلما کی قسم کھا کر کہتا ہوں کہ فلاں کام میں نے نہیں کیا» (“Swearing by kullama, I say that I did not do such-and-such a thing”), whereas in fact he had done that thing. And this oath was taken by a person who knew the meaning of kullama, its sense and its effect. Is the oath constituted merely by uttering this word, or is it constituted only by saying the full formula? And if he breaks this oath (hinth), is there any legal device (hila)

Answer

By saying only this much, no oath has been constituted; therefore the question of his breaking it, paying expiation or looking for a legal device does not even arise. However, lying is a grave sin, and it is necessary to keep away from it.

Source: Fatawa Mahmudiyya

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