Bukhari

Hadith Commentary:
Rather, such a vow should never be fulfilled; this is what true loyalty demands.

Hadith Commentary:
(1)
In this hadith, the ruling regarding a vow (nadhar) to commit a sin is explained—that it should not be fulfilled. However, the ruling about making a vow concerning something not owned by the person is not mentioned in this hadith. But when a person makes a vow regarding something he does not own, it is as if he is disposing of someone else’s property. This is disobedience and a sin; therefore, Imam Bukhari rahimahullah has established both aspects from this hadith. Thus, this hadith is exactly in accordance with the above-mentioned title.
(Fath al-Bari: 11/174) (2)
It should be clear that making a vow regarding something not owned means saying, for example, “If I am cured, I will free so-and-so’s slave,” while that slave is not his property. Similarly, a vow to commit a sin is, for example, someone vowing to slaughter his own son. Such vows are not permissible according to the Shari‘ah.
And Allah knows best.

Hadith Commentary:
(1)
A vow (nadhar) of obedience can pertain to an obligatory matter as well as to a recommended (mustahabb) matter.
An example of an obligatory matter is: “I will perform the prayer at its earliest time.”
One must, to the best of one’s ability, act upon this, i.e., the prayer must be performed at the earliest time. An example of a recommended matter is other acts of worship, whether financial or physical.
After making a vow, this type of worship becomes obligatory.

(2)
The aforementioned hadith is explicit in this matter: fulfilling a vow of obedience is necessary, and if the vow pertains to disobedience, sin, or defiance, then abandoning it is necessary.
Whether or not expiation (kaffarah) is required for abandoning a vow of disobedience will be clarified later.
(Fath al-Bari: 11/709)

Commentary:
Note:
(In the chain of narration, "Sulaiman bin Arqam" is weak, but by being supported by the previous hadith, this hadith is authentic.)

Explanation:
1:
That is, a vow (nadhar) made for disobedience (ma‘siyah) will not be fulfilled; however, in such a case, the expiation (kaffarah) for an oath (qasam) must be given. The root of the word nadhar is “inzar,” which means to warn. Imam Raghib states that nadhar means to make something that was not obligatory upon oneself become obligatory due to some incident. The mention of the expiation for an oath is in this noble verse:

﴿لاَ يُؤَاخِذُكُمُ اللهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلاَثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ﴾ (al-Ma’idah: 89)

(Allah does not call you to account for what is unintentional in your oaths, but He calls you to account for what you bind yourselves by in oaths. The expiation for it is feeding ten needy people from the average of what you feed your own families, or clothing them, or freeing a slave. But whoever cannot find [the means]—then fasting three days. That is the expiation for your oaths when you have sworn...)

This hadith necessitates the obligation of expiation (kaffarah) in the case of a vow (nadhar) for disobedience. This is the opinion of Imam Ahmad and Ishaq ibn Rahwayh, but the majority of scholars (jumhur ulama) hold the opposite view. According to them, the ahadith regarding obligation are weak. However, the commentator of Tirmidhi says that there are many chains (turq) for this hadith of the chapter, and a proof can be established from them. (And Allah knows best)

Benefits and Issues:
The explanation of this expiation has already been mentioned earlier at the beginning of hadith 3279.

Since virtue is desirable, therefore it should be performed in whatever way possible. Although making a vow (nadhar) is not such a commendable act, yet since virtue is a good deed, it must necessarily be done. Good deeds should be performed even without making a vow. With a vow, it has become even more emphasized.

The objection is that the other students of Yahya ibn Abi Kathir attribute this narration to the Musnad of Imran ibn Husayn radi Allahu anhu, whereas Sulayman ibn Arqam has attributed it to the Musnad of Sayyidah Aisha radi Allahu anha. Sulayman ibn Arqam is matruk al-hadith (abandoned in hadith), due to which this narration is weak in its chain of transmission; however, based on corroborating evidences, it is authentic and practicable.

Disobedience is extremely reprehensible in every circumstance, and to make a vow (nadhar) and then commit disobedience is even more abhorrent. No evil can become a virtue merely by making a vow; therefore, it is not permissible to use a vow as a pretext to disobey Allah Ta'ala—rather, it will be an even greater sin. Thus, a vow to commit disobedience should not be fulfilled; instead, its expiation (kaffarah) should be given. (For further details, see Hadith: 3823)

In the chain of narration of this report, as the Imam (rahimahullah) has stated, "there is discontinuity, but on the basis of corroborating evidences, this hadith is authentic."

Benefit:
For the ruling concerning the disbeliever, see the benefits of Hadith: 2107.

Takhrij al-Hadith: [واخرجه البخاري6696، من حديث مالك به]
Jurisprudential Points:
➊ It is not permissible to fulfill a vow (nazr) that is against the Book and the Sunnah or is incorrect. For example, if someone vows that if his task is accomplished, he will make an offering at a certain grave, then fulfilling such a vow is forbidden because it is a polytheistic (shirk) vow.
➋ A man vowed that he would remain standing, would not sit, would not go into the shade, would not speak, and would fast. The Prophet sallallahu alayhi wa sallam said: Command him to speak, to go into the shade, to sit, and to complete his fast. [صحيح بخاري : 6704]
➌ A woman came and informed Ibn Abbas radi Allahu anhu that she had vowed to sacrifice her son. Ibn Abbas said: Do not sacrifice your son and pay the expiation (kaffarah) for your oath. A man asked: What is the expiation in this case? Ibn Abbas radi Allahu anhu replied: Allah the Exalted has prescribed expiation for those who do zihar. [الموطا 476/2 ح1٠48 وسنده صحيح]
➍ Some people habitually swear oaths, such as saying "By Allah" and so on. Sayyidah Aisha radi Allahu anha considered this to be a vain (laghw) oath. [الموطأ 2/477 ح1050، وسنده صحيح]
➎ If a person swears an oath and says "in sha Allah," then according to Sayyiduna Ibn Umar radi Allahu anhu, there is no expiation (kaffarah) upon him. [ديكهئے الموطأ 2/477 ح1051، وسنده صحيح]
➏ According to Sayyiduna Ibn Umar radi Allahu anhu, for a general oath, feeding one mudd of wheat to each needy person is required, and if it is an emphatic oath, then in his view, it is to free a slave or to clothe ten needy people. [الموطا 579/2 ح1٠53 وسنده صحيح]
➐ It is forbidden to make vows or offerings (nazr wa niyaz) in the name of anyone other than Allah, let alone fulfilling them.

Takhrij:
«أخرجه مسلم، النذر، باب في كفارة النذر، حديث:1645، والترمذي، النذور والأيمان، حديث:1528، وحديث ابن عباس: أخرجه أبوداود، الأيمان والنذور، حديث:3322، وسنده حسن، وحديث عائشة: أخرجه البخاري، الأيمان والنذور، حديث:6700، وحديث عمران: أخرجه مسلم، النذر، حديث:1641.»©Explanation:
➊ The expiation for this type of oath, according to the divine command, is as follows: ﴿اِطْعَامُ عَشَرَۃِ مَسَاکِیْنَ مِنْ اَوْسَطِ مَا تُطْعِمُوْنَ اَھْلِیْکُمْ اَوْکِسْوَتُھُمْ اَوْ تَحْرِیْرُ رَقَبَۃٍ فَمَنْ لَّمْ یَجِدْ فَصِیَامُ ثَلٰثَۃِ اَیَّامٍ ذٰلِکَ کَفَّارَۃُ اَیْمَانِکُمْ اِذَا حَلَفْتُمْ﴾ (Al-Ma'idah 5:89) “Feed ten needy people with the average of what you feed your own families, or clothe them, or free a slave (raqabah). Whoever does not find (the means), then he must fast three days. That is the expiation for your oaths when you have sworn.”
Feeding ten needy people with average food that you feed your family, or giving them clothes, or freeing a slave.
Whoever does not have the ability for this must fast three days.
This is the expiation for your oaths when you have sworn.

➋ Imam Shawkani rahimahullah, after gathering all the narrations related to vows (nadhar), has written this summary: If a specific vow is related to righteousness, but acting upon it is beyond one’s ability, then the expiation for an oath applies to it.
And if it is within human ability and capacity, then fulfilling it is obligatory, whether it pertains to the body or to wealth.
And if the vow is for a sinful act, then not fulfilling it is obligatory, but there is no need to pay expiation for it.
This is the position of the majority of scholars; however, according to Imam Ahmad, Imam Abu Hanifah, and some researchers, expiation is necessary, as Shaykh al-Albani rahimahullah has discussed in Silsilah Sahihah.
See: (Silsilat al-Ahadith al-Sahihah: 1/863, 864, no. 479) If the vow pertains to a permissible and lawful matter and it is not beyond human ability, then that vow will also be binding and expiation will be obligatory for it—just as the female Companion who vowed to perform Hajj on foot, the Prophet sallallahu alayhi wa sallam forbade her from going on foot and ordered her to ride and pay expiation.
And if the act is beyond human ability, then expiation is obligatory for it.
For further details, see: (Nayl al-Awtar, Chapters on Oaths and Their Expiation, Chapter: One Who Vows a Vow Without Naming It or Is Unable to Fulfill It: 8/276–278)