Source: Fatāwā ʿIlmiyyah, Volume 3 – Issues of Tawḥīd and Sunnah, p. 30
If a person knowingly takes a false oath, and later realises the wrong, what is the expiation for it? (A female questioner)
Al-ḥamdu lillāh, waṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh, ʾammā baʿd:
The Prophet ﷺ said:
"Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Allah, let him not disobey Him."
(Muwaṭṭaʾ Imām Mālik, Ibn al-Qāsim’s narration, p. 281, ḥadīth 188; Ṣaḥīḥ al-Bukhārī 6696)
Scholars have two opinions:
① No expiation required.
② Expiation is required.
The stronger (rājiḥ) view is the second — that expiation is required.
From ʿĀʾishah رضي الله عنها:
The Messenger of Allah ﷺ said:
"لَا نَذْرَ فِي مَعْصِيَةٍ، وَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ"
"There is no vow in disobedience, and its expiation is the expiation of an oath."
(Sunan al-Nasāʾī, Kitāb al-Aymān wa’l-Nudhur, 7/27, ḥadīth 3869 — authentic chain)
A woman came to ʿAbdullāh ibn ʿAbbās رضي الله عنهما and said:
"I have vowed to sacrifice my son."
He said:
"Do not sacrifice your son; instead, pay the expiation for your oath."
(Muwaṭṭaʾ Imām Mālik, narration of Yaḥyā, 2/476, ḥadīth 1048 — authentic chain; al-Ittiḥāf al-Bāsim, p. 281)
He said:
*"Whoever deliberately takes a false oath — for example, saying: ‘By Allah, such happened,’ when it did not happen, or, ‘It did not happen,’ when it did — must give expiation. He is sinful for swearing by Allah upon falsehood, and has done wrong.
If it is asked: What is the proof that a false oath with evil intent requires expiation? The answer is the statement of the Prophet ﷺ:
(‘Let him do what is better and expiate for his oath’) — this is clear evidence that a false oath requires expiation."*
(al-Umm, vol. 7, p. 61; al-Sunan al-Kubrā of al-Bayhaqī, vol. 10, p. 36)
This ḥadīth is also found in Ṣaḥīḥ al-Bukhārī (6623) and Ṣaḥīḥ Muslim (1649, 1652) with various wordings.
Allah says:
﴿فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ﴾
(al-Māʾidah: 89)
This means the expiation is:
① Feeding ten poor people with average food you feed your own family, or
② Clothing them, or
③ Freeing a slave.
If unable to do any of these:
④ Fasting three days.
ھذا ما عندي، والله أعلم بالصواب
Question
If a person knowingly takes a false oath, and later realises the wrong, what is the expiation for it? (A female questioner)
Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-salāmu ʿalā Rasūlillāh, ʾammā baʿd:
Ruling on a False Oath
- Taking a false oath deliberately is ḥarām.
- Its prohibition is established in Ṣaḥīḥ al-Bukhārī (2416, 2417) and Ṣaḥīḥ Muslim (138), among other authentic aḥādīth.
- Similarly, swearing an oath upon a sinful or impermissible act is also prohibited.
The Prophet ﷺ said:
"Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Allah, let him not disobey Him."
(Muwaṭṭaʾ Imām Mālik, Ibn al-Qāsim’s narration, p. 281, ḥadīth 188; Ṣaḥīḥ al-Bukhārī 6696)
Expiation for a False or Sinful Oath
Scholars have two opinions:
① No expiation required.
② Expiation is required.
The stronger (rājiḥ) view is the second — that expiation is required.
Sharʿi Evidence
From ʿĀʾishah رضي الله عنها:
The Messenger of Allah ﷺ said:
"لَا نَذْرَ فِي مَعْصِيَةٍ، وَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ"
"There is no vow in disobedience, and its expiation is the expiation of an oath."
(Sunan al-Nasāʾī, Kitāb al-Aymān wa’l-Nudhur, 7/27, ḥadīth 3869 — authentic chain)
Example from the Ṣaḥābah’s Practice
A woman came to ʿAbdullāh ibn ʿAbbās رضي الله عنهما and said:
"I have vowed to sacrifice my son."
He said:
"Do not sacrifice your son; instead, pay the expiation for your oath."
(Muwaṭṭaʾ Imām Mālik, narration of Yaḥyā, 2/476, ḥadīth 1048 — authentic chain; al-Ittiḥāf al-Bāsim, p. 281)
Support from Imām al-Shāfiʿī رحمه الله
He said:
*"Whoever deliberately takes a false oath — for example, saying: ‘By Allah, such happened,’ when it did not happen, or, ‘It did not happen,’ when it did — must give expiation. He is sinful for swearing by Allah upon falsehood, and has done wrong.
If it is asked: What is the proof that a false oath with evil intent requires expiation? The answer is the statement of the Prophet ﷺ:
(‘Let him do what is better and expiate for his oath’) — this is clear evidence that a false oath requires expiation."*
(al-Umm, vol. 7, p. 61; al-Sunan al-Kubrā of al-Bayhaqī, vol. 10, p. 36)
This ḥadīth is also found in Ṣaḥīḥ al-Bukhārī (6623) and Ṣaḥīḥ Muslim (1649, 1652) with various wordings.
Summary of the Ruling
- Deliberately taking a false or sinful oath is ḥarām.
- It must be broken.
- Its expiation (kaffārah) is obligatory, as mentioned in the Qurʾān:
Allah says:
﴿فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ﴾
(al-Māʾidah: 89)
This means the expiation is:
① Feeding ten poor people with average food you feed your own family, or
② Clothing them, or
③ Freeing a slave.
If unable to do any of these:
④ Fasting three days.
ھذا ما عندي، والله أعلم بالصواب
