Source: Jurisprudential rulings and issues in the light of Quran and Hadith, Issues of Swearing and Vows: Volume 02: Page 480
All praise is due to Allah, and prayers and peace be upon the Messenger of Allah. To proceed!
An oath is called Yameen in Arabic, and its plural is Amaan. By oath is meant affirming a matter or action in a specific manner while mentioning the name of Allah or one of His attributes.
The reason it is called Yameen is that in Arabic lexicon, the right hand is called Yameen. When two people swore an oath, they would place their hand on each other's right hand, as was done during pledges and covenants.
The oath which requires expiation if broken is only that which is sworn by the name of Allah or one of His attributes.
◈ For example, one may say:
✔ By the oath of Allah Almighty
✔ By the greatness of Allah Almighty
✔ By the majesty
✔ By the glory
✔ By the honor
✔ By the mercy
✔ By the Quran's oath
Swearing by anything other than Allah is forbidden and constitutes shirk, because the Messenger of Allah, peace be upon him, said:
"فَمَنْ كَانَ حَالِفًا فَلْيَحْلِفْ بِاللَّهِ أَوْ لِيَصْمُتْ"
"Whoever wants to swear should swear only by Allah or remain silent."
Reference: Sahih al-Bukhari, Book of Witnesses, Chapter: How to take an oath? Hadith 2879. And Sahih Muslim, Book of Faith, Chapter: Prohibition of swearing by other than Allah, Hadith 1646.
Similarly, the Prophet, peace be upon him, said:
"مَنْ حَلَفَ بِغَيْرِ اللَّهِ فَقَدْ كَفَرَ أَوْ أَشْرَكَ"
"Whoever swears by other than Allah has committed disbelief or shirk."
Reference: Jami` at-Tirmidhi, Oaths and Faith, Chapter: What has been narrated about swearing by other than Allah is shirk, Hadith 1535. And Sunan Abi Dawood, Faith and Vows, Chapter: Dislike of swearing by created beings, Hadith 3251.
And the Noble Prophet, peace be upon him, also said:
"مَنْ حَلَفَ بِالْأَمَانَةِ فَلَيْسَ مِنَّا"
"Whoever swears by a trust (something other than Allah) is not one of us."
Reference: Sunan Abi Dawood, Faith and Vows, Chapter: Dislike of swearing by created beings, Hadith 3253.
From all these narrations, it is clear that swearing by other than Allah is forbidden and shirk. For example, if someone says:
◈ By the Prophet, peace be upon him
◈ By your life
◈ By the Kaaba
◈ By the children
Ibn Abdul Barr, may Allah have mercy on him, states that there is a consensus among the scholars of the Ummah on this issue.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says that swearing by anything other than Allah is shirk (polytheism) and is forbidden. Sayyiduna Ibn Mas'ud, may Allah be pleased with him, said that if I were to swear a false oath by the name of Allah, it would still be better in my view than a true oath by the name of anything other than Allah.
Reference: Mujma' al-Zawa'id 4/177, Hadith 6699 and Al-Musannaf Ibn Abi Shaybah 3/81, Hadith 12279.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, further explains that the meaning of Sayyiduna Ibn Mas'ud's statement is that the virtue of Tawheed (monotheism) surpasses the virtue of truthfulness, just as the sin of lying is much less severe than the sin of shirk.
Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah al-Iman 5/552.
Whoever swears by Allah and then breaks that oath must perform expiation (kaffarah), provided the following three conditions are met:
① The oath is validly made
Meaning, a person swears an oath with intention and resolve regarding a matter related to the future, and that matter is possible.
Allah Almighty says:
"لاَ يُؤَاخِذُكُمُ اللّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الأَيْمَانَ"
"Allah does not call you to account for your unintentional oaths, but He does call you to account for the oaths you deliberately swear."
Reference: Al-Ma'idah: 5/89.
An oath is only binding when it relates to the future, because it is not possible to fulfill or break an oath about a past event. However, if someone deliberately swears a false oath about a past matter, this is Yameen Ghamoos.
Ghamoos means "diving," because such a person dives into sin and then into Hell. There is no expiation for this type of oath, because it is such a great sin that expiation alone is not sufficient; rather, it is included among the major sins.
If the words of an oath come out of the mouth without intention, for example, if someone has the habit of saying:
✔ Yes! By Allah
✔ No! By Allah
Since there is no real intention involved, this will be considered a vain oath, and there is no expiation for it.
Allah Almighty says:
"لاَ يُؤَاخِذُكُمُ اللّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الأَيْمَانَ"
"Allah does not hold you accountable for the vain oaths you make, but He holds you accountable for the oaths you deliberately swear."
Reference: Al-Ma'idah: 5/89.
It is narrated from Sayyida Aisha (may Allah be pleased with her) that the Messenger of Allah (peace be upon him) said about vain oaths:
"هُوَ كَلَامُ الرَّجُلِ فِي بَيْتِهِ، كَلَّا وَاللَّهِ، وَبَلَى وَاللَّهِ"
"This is when a person says such words in his home that he says: No, by Allah! Why not, by Allah!"
Reference: Sunan Abi Dawood, Al-Iman, Al-Nudhur, Chapter on Vain Oaths, Hadith 3254 after Hadith 3324.
Similarly, if someone swears an oath believing himself to be truthful, but later it is found that the reality was contrary, this also falls under vain oaths and does not require expiation.
② The oath is taken by one's own will and choice
The one who swears the oath must do so by his own consent and choice. If he is forced, such an oath will not be valid, because Allah has forgiven such a person. The Messenger of Allah (peace be upon him) said:
"عفي لي عَنْ أُمَّتِي الخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ"
"Allah Almighty has forgiven the mistakes, forgetfulness, and what they are forced to do of my Ummah."
Reference: Sunan Ibn Majah, Divorce, Chapter on Forced and Forgotten Divorce, Hadith 2045. But in Ibn Majah, instead of (عفي عَنْ أُمَّتِي), the words (إِنَّ اللَّهَ وَضَعَ عَنْ أُمَّتِي) are used. Arwa al-Ghaleel 1/1234. Hadith 82.
③ Breaking an oath deliberately
The one who breaks an oath does so knowingly and willingly. If he breaks the oath by mistake, or someone forces him to break the oath, then there is no expiation upon him, because this is not a sin.
The Messenger of Allah, peace be upon him, said:
"عفي لي عَنْ أُمَّتِي الخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ"
"Allah Almighty has pardoned the mistakes, forgetfulness, and compulsion of my Ummah."
Reference: See the previous reference.
If the oath is made with a word of exception, for example, someone says:
By Allah! I will definitely do this work, Insha Allah Almighty
then in case he does not do this work, expiation will not be obligatory for him, provided that "Insha Allah" was said at the time of taking the oath.
The Messenger of Allah, peace be upon him, said:
"من حلف على يمين فقال :إن شاء الله؛ لم يحنث "
"Whoever swears an oath and says 'Insha'Allah' along with it will not be considered a violator of the oath."
Reference: Jami' at-Tirmidhi, Al-Nudhur wal-Iman, Chapter on Exceptions to Oaths, Hadith 1531. Also Musnad Ahmad 2/309 with the same wording.
If the purpose of saying Insha'Allah is not to make an exception but only to seek blessing, or if this phrase is not said immediately with the oath but after some time has passed, then this exception will not be valid.
However, some scholars hold the opinion that if after completing the oath, one says Insha'Allah, or if someone in the gathering tells him to say Insha'Allah and he says it, then benefit will be gained from it. Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, has endorsed this view.
Ruling on Breaking an Oath
Breaking an oath is sometimes obligatory, sometimes forbidden, and sometimes permissible.
◈ ① Breaking an oath is obligatory
When someone has sworn to abandon a wajib (obligatory) act, then breaking the oath and paying expiation (kaffarah) is obligatory upon them. For example, if someone swears that they will not maintain kinship ties, or takes an oath to commit a forbidden act, such as drinking alcohol, then it is necessary for them to break the oath and pay the expiation.
◈ ② Breaking an oath is forbidden
If someone swears that they will not commit a forbidden act, or that they will perform a fard (obligatory) act, then it is obligatory upon them to fulfill their oath, and breaking it will not be permissible.
◈ ③ Breaking an oath is permissible
If someone has sworn to do or leave a permissible (mubah) act, then breaking the oath is allowed.
The Messenger of Allah, peace be upon him, said:
"لَا أَحْلِفُ عَلَى يَمِينٍ فَرَأَيْتُ غَيْرَهَا خَيْرًا مِنْهَا إِلَّا أَتَيْتُ الَّذِي هُوَ خَيْرٌ وَكَفَّرْتُ عَنْ يَمِينِي"
"If I swear by something, and then see better in another matter, I do the better deed and pay the expiation for my oath."
Reference: Sahih al-Bukhari, Faith and Oaths, Chapter: Allah's Saying: (Allah does not take you to task for what is unintentional in your oaths) (Al-Ma'idah 5/89). Hadith and Sahih Muslim, Faith, Chapter: Encouragement to swear an oath on something better than it. Hadith 1649.
And the Prophet Muhammad (peace be upon him) also said:
"من حلف على يمين فرأى غيرها خيرا منها فليأت الذي هو خير ، وليكفر عن يمينه "
"Whoever swears by something, then sees that another alternative is better, let him choose the better alternative and pay the expiation for his oath."
Reference: Sahih Muslim, Faith, Chapter: Encouragement to swear an oath on something better than it. Hadith 1649.
If a person makes something else besides his wife forbidden upon himself, such as food, drink, or wearing clothes, for example, saying:
What Allah has made lawful for me is forbidden upon me
or
Such and such thing is forbidden for me to eat
then that thing is not actually forbidden. Such a person should use that thing and pay the expiation for his oath.
Allah Almighty said to His Prophet, peace be upon him:
"يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّـهُ لَكَ ۖ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ ۚ وَاللَّـهُ غَفُورٌ رَّحِيمٌ ﴿١﴾ قَدْ فَرَضَ اللَّـهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ ۚ "
"O Prophet, why do you prohibit what Allah has made lawful for you? Do you seek the approval of your wives? And Allah is Most Forgiving, Most Merciful. Allah has made the expiation of your oaths obligatory upon you."
Reference: At-Tahrim 66:21
If someone declares his wife forbidden to himself, in Shariah terminology, this is called Zihar. In this case, it is necessary to pay the expiation for Zihar, and merely expiating the oath will not suffice.
Reference: The discussion on Zihar and its expiation has been covered earlier.
At this point, it is also necessary to warn that no oath should be taken invoking any religion other than Islam. For example, if a Muslim says:
✔ If I do such and such, I will be a Jew
✔ Or I will be a Christian
✔ Or if I do not do such and such, I will be a Jew or a Christian
These words are extremely disliked and strictly forbidden.
The Messenger of Allah, peace be upon him, said:
"مَنْ حَلَفَ عَلَى مِلَّةٍ غَيْرِ الْإِسْلَامِ فَهُوَ كَمَا قَالَ"
"Whoever deliberately swears by a religion other than Islam, then he will become like what he has said."
Reference: Sahih al-Bukhari, Al-Jana'iz, Chapter on the Killer of the Soul, Hadith 1363. Sahih Muslim, Al-Iman, Chapter on the Mistake in Declaring the Prohibition of One's Own Soul, Hadith 110.
In another narration it is stated:
"مَنْ حَلَفَ فَقَالَ : إِنِّي بَرِيءٌ مِنْ الْإِسْلَامِ فَإِنْ كَانَ كَاذِبًا فَهُوَ كَمَا قَالَ ، وَإِنْ كَانَ صَادِقًا فَلَنْ يَرْجِعَ إِلَى الْإِسْلَامِ سَالِمًا"
"Whoever swears and says that he is free from Islam, if he is lying, then he becomes as he said, and if he is truthful, then he will not return safely to Islam."
Reference: Sunan Abi Dawood, Al-Iman wa Al-Nudhur, Chapter on Swearing by Disavowal, Hadith 3257.
We pray to Allah Almighty to protect us from such evil statements, and to correct our words, deeds, and intentions. He is the One who accepts prayers.
Explanation of the Expiation for Oaths
It is by the grace and mercy of Allah Almighty that He has prescribed expiation for breaking oaths.
Allah Almighty says:
"قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ ۚ "
"Indeed, Allah has ordained for you the expiation of your oaths."
Reference: At-Tahrim: 2/66.
And the Messenger of Allah, peace be upon him, said:
"وَإِذَا حَلَفْتَ عَلَى يَمِينٍ، فَرَأيْتَ غَيْرَهَا خَيْرًا مِنْهَا، فَأتِ الَّذِي هُوَ خَيرٌ وَكَفِّرْ عَنْ يَمِينِكَ"
"When you swear to do something, then you see that another deed is better than it, do the better deed and pay the expiation for your oath."
Reference: Sahih al-Bukhari, Faith and Oaths, Chapter: Allah's Saying: (Allah does not take you to task for what is unintentional in your oaths) (Al-Ma'idah 5/89). Hadith and Sahih Muslim, Faith, Chapter: Encouragement to break an oath if something better is found. Hadith 1649. And Sunan Abi Dawood, Faith, Chapter: Breaking an oath if it is better, Hadith 3277, and the wording is his.
There is choice and order in the expiation of an oath.
◈ The choice is that a person can do any one of these three:
✔ Feed ten poor people
✔ Or clothe ten poor people
✔ Or free one slave or bondswoman
In the case of feeding, each poor person should be given half a sa' of food.
In the case of clothing, each poor person should be given enough clothing to be sufficient for performing prayer.
In the case of freeing a slave or bondswoman, they must be free from all kinds of defects.
If a person is unable to do any of these three, then three fasts should be observed.
From this explanation, it becomes clear that kaffarah is a combination of choice and order. There is choice in feeding, clothing, and freeing a slave or maid, but there is an order among these three and fasting. That is, when a person is unable to perform the first three acts, only then should they fast for three days.
The evidence for this is Allah Almighty's command:
"فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلاَثَةِ أَيَّامٍ"
"The expiation thereof is to feed ten needy people with the average of what you feed your own families, or to clothe them, or to free a slave or maid. But if one cannot afford it, then fasting for three days is prescribed."
Reference: Al-Ma'idah: 5/89.
The majority of scholars have also stipulated that the slave or maid freed must be a believer. Similarly, regarding the three fasts, it is said that they should be consecutive, because the recitation of Sayyiduna Ibn Mas'ud (may Allah be pleased with him) is as follows:
"فصيام ثلاثة أيام متتابعات"
"Fast three consecutive days."
Reference: Tafsir al-Tabari Al-Ma'idah 5/89. Hadith 9753, 9756.
In the issue of kaffarah (expiation) for breaking an oath, many people have misconceptions. They think that the kaffarah is the same in every case, so even if they have the means to feed or clothe others, they keep the fast instead. However, in such a case, keeping the fast will not fulfill the kaffarah, because fasting is only prescribed when the one who breaks the oath is unable to feed or clothe others.
It is permissible to give the kaffarah either before or after breaking the oath. If it is given before, the oath is nullified because of it, and if given after, it serves as the kaffarah for the oath.
The evidence for this is the Prophet’s ﷺ statement:
"وَإِذَا حَلَفْتَ عَلَى يَمِينٍ، فَرَأيْتَ غَيْرَهَا خَيْرًا مِنْهَا، فَأتِ الَّذِي هُوَ خَيرٌ وَكَفِّرْ عَنْ يَمِينِكَ"
"When you swear to do something and you see that another action is better than it, then do the better action and pay the kaffarah for the oath."
Reference: Sahih al-Bukhari, Faith and Vows, chapter on the saying of Allah Almighty: (Allah does not take you to task for what is unintentional in your oaths) (Al-Ma'idah 5:89). Hadith and Sahih Muslim, Faith, chapter encouraging one who swears an oath to do something else better than it. Hadith 1649. Also Sunan Abi Dawood, Faith, chapter on breaking an oath if there is a better alternative, Hadith 3277, and the wording is his.
This hadith is evidence for the permissibility of giving expiation after breaking an oath.
In another hadith, it is stated:
"فكفز عن يمينك ثمّ ائت الذي هُوَ خَيْرٌ"
"Give the expiation for your oath, then do what is better."
Reference: Sunan Abi Dawood, Book of Faith and Oaths, Hadith 3277, and the wording is his.
This hadith indicates the permissibility of giving expiation before breaking the oath. From both types of hadith, it is understood that it is permissible to give the expiation either before or after breaking the oath.
If one Muslim swears an oath upon another to do something, then fulfilling it is a right of the Muslim upon the Muslim. Accordingly, it is narrated from Bara' bin Azib, may Allah be pleased with him:
"أَمَرَنَا رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِسَبْعٍ وَنَهَانَا عَنْ سَبْعٍ: أَمَرَنَا بِعِيَادَةِ المَرِيضِ، وَاتِّبَاعِ الجِنَازَةِ، وَتَشْمِيتِ العَاطِسِ، وَإِجَابَةِ الدَّاعِي، وَإِفْشَاءِ السَّلاَمِ، وَنَصْرِ المَظْلُومِ، وَإِبْرَارِ المُقْسِمِ، وَنَهَانَا عَنْ خَوَاتِيمِ الذَّهَبِ، وَعَنِ الشُّرْبِ فِي الفِضَّةِ، أَوْ قَالَ: آنِيَةِ الفِضَّةِ، وَعَنِ المَيَاثِرِ وَالقَسِّيِّ، وَعَنْ لُبْسِ الحَرِيرِ وَالدِّيبَاجِ وَالإِسْتَبْرَقِ "
"The Messenger of Allah, peace be upon him, commanded us to do seven things and forbade us from seven things. He, peace be upon him, commanded us to visit the sick, to follow the funeral procession, to respond to the one who sneezes, to accept the invitation of the one who invites, to spread the greeting of peace, to help the oppressed, and to fulfill the oath of the one who swears by supporting him..."
Reference: Sahih al-Bukhari, Marriage, Chapter on the Right of Responding to the Wedding Invitation and the Invitation, Hadith 5175. Sahih Muslim, Clothing and Adornment, Chapter on the Prohibition of Using Gold and Silver Vessels for Men and Women, Hadith 2066.
If someone has taken multiple oaths about the same matter before paying the expiation, it will be counted as one oath and one expiation will suffice.
Similarly, if someone swears the same type of oath on multiple things, for example, he says:
By Allah! I will neither eat, nor drink, nor wear clothes
and then he does one of those things, for example, drinks something, then only one expiation (kaffara) will be required, and the oath regarding the other things will also be nullified, because it was one single oath that was broken.
But if someone swears separate oaths about multiple actions and then breaks all of them, then each oath will have a separate expiation.
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, states that for a person who took several oaths before paying the expiation, many narrations have been transmitted on this issue. The correct view among them is that if the oaths are on the same action, one expiation suffices; otherwise, there will be as many expiations as there are oaths.
If someone swears that they will not do a certain act, then forgets and does that act, or does it under compulsion, or did not even know that this act falls under the scope of the oath, then their oath will not be broken and they will not be required to pay expiation, because an act done under compulsion is not attributed to the doer.
Allah Almighty says:
"رَبَّنَا لَا تُؤَاخِذْنَا إِن نَّسِينَا أَوْ أَخْطَأْنَا ۚ "
"O our Lord! Do not hold us accountable if we forget or make a mistake."
Reference: Al-Baqarah: 2/286.
For the members of this Ummah, there is forgiveness in matters of mistakes, forgetfulness, and compulsion.
After mentioning the expiation for breaking an oath, Allah Almighty said:
"وَاحْفَظُوا أَيْمَانَكُم"
"And guard your oaths."
Reference: Al-Ma'idah: 5/89.
The meaning of guarding oaths is:
◈ Do not be hasty in taking an oath
◈ Do not be quick to break an oath
◈ If an oath is broken, do not leave it without expiation
The noble verse includes all these cases. In summary, respect for oaths is necessary; they should not be considered trivial or insignificant.
It is also very necessary to warn that some people, when they take an oath, then devise tricks to avoid it, thinking that they have escaped the responsibility of the oath.
Imam Ibn Qayyim, may Allah have mercy on him, warns on this issue, stating that among the false tricks is that if a person swears that he will not eat this bread, or will not stay in such and such house this year, or will not eat such and such food, and then he eats that same bread but leaves one bite, or stays in that same house for the whole year but reduces one day, or eats all the food but leaves a little, all these are false tricks. When he has done the actual act, his oath is broken. One who devises such tricks should avoid such actions.
Reference: I'lam al-Muwaqqi'in: 3/267.
Some people swear that they will not do a certain task, then appoint someone else as their agent and have that person do the same task. This is also a reprehensible trick. However, if they have specifically sworn that they themselves will not do the task, then their oath remains valid.
In short, the oath is very important in every case. Laziness is not permissible in this matter, nor should one resort to trickery to avoid the command of the oath.
Rulings of Vow (Nazar)
The literal meaning of Nazar is to make obligatory, while the Shariah meaning is that a sane, adult, and free-willed person obligates a certain act upon themselves for the pleasure of Allah Almighty.
Nazar is a type of worship among the categories of worship, so it is not permissible to make a vow for anyone other than Allah. Whoever makes a vow for someone other than Allah, for example, a grave, an angel, a prophet, or a saint, commits such shirk (polytheism) that expels one from the religion of Islam, because they have worshipped someone other than Allah.
Those who vow to give something in the name of the graves of saints and righteous people commit major shirk. It is obligatory upon them to repent, avoid this major sin, and also warn their community so that they remain safe from the wrath of Allah and Hellfire.
The original ruling on vows is that they are disliked; in fact, a group of scholars have declared them forbidden. The evidence for this is the narration of Sayyiduna Ibn Umar (may Allah be pleased with him):
"نَهَى النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ النَّذْرِ وَقَالَ إِنَّهُ لَا يَرُدُّ شَيْئًا وَلَكِنَّهُ يُسْتَخْرَجُ بِهِ مِنْ الْبَخِيلِ "
"The Prophet (peace be upon him) forbade making vows, and said that a vow does not return anything, but it causes some wealth to be taken out from a miser."
Reference: Sahih al-Bukhari, Al-Qadar, Chapter: The Slave Throws a Vow to Al-Qadar, Hadith 6608; Sahih Muslim, Al-Nadhar, Chapter: Prohibition of Vows and That They Do Not Return Anything, Hadith 1639, 1640.
One reason for the dislike of vows (nazar) is that the person who makes a vow imposes upon himself something that is not obligatory according to Shariah. In this way, he puts himself into hardship, whereas what is required from a Muslim is to perform good deeds even without making a vow.
However, if a vow is made, then it becomes obligatory to fulfill it, because Allah Almighty says:
"وَمَا أَنفَقْتُم مِّن نَّفَقَةٍ أَوْ نَذَرْتُم مِّن نَّذْرٍ فَإِنَّ اللَّهَ يَعْلَمُهُ ۗ "
"What you spend, and whatever vow you make, indeed Allah knows it well."
Reference: Al-Baqarah: 2/270.
Allah Almighty praised those who fulfill their vows, saying:
"يُوفُونَ بِالنَّذْرِ وَيَخَافُونَ يَوْمًا كَانَ شَرُّهُ مُسْتَطِيرًا"
"They fulfill their vows and fear a Day whose evil will be widespread."
Reference: Ad-Dahr 7/76.
And He said:
"وَلْيُوفُوا نُذُورَهُمْ "
"And they should fulfill their vows."
Reference: Al-Hajj 22:29.
The Messenger of Allah (peace be upon him) said:
"مَنْ نَذَرَ أَنْ يُطِيعَ اللَّهَ فَلْيُطِعْهُ ، وَمَنْ نَذَرَ أَنْ يَعْصِيَهُ فَلَا يَعْصِهِ"
"Whoever vows to obey Allah, let him obey, and whoever vows to disobey Him, let him not disobey."
Reference: Sahih al-Bukhari, Faith, Chapter on Vows in Obedience, Hadith 6696. Sunan Abi Dawood, Faith and Vows, Chapter on Vows in Disobedience, Hadith 3289. The wording is his.
Imam Ibn Qayyim, may Allah have mercy on him, states that there are only four cases in which an act of obedience to Allah becomes obligatory upon oneself:
① Commitment to an act is made only by an oath.
② Commitment to an act is made only by a vow.
③ It is made obligatory by an oath and emphasized by a vow.
④ It is made obligatory by a vow and further strengthened by an oath.
Allah Almighty says:
"وَمِنْهُمْ مَنْ عَاهَدَ اللَّهَ لَئِنْ آتَانَا مِنْ فَضْلِهِ لَنَصَّدَّقَنَّ وَلَنَكُونَنَّ مِنَ الصَّالِحِينَ"
"And among them are those who made a covenant with Allah, 'If He should give us from His bounty, we will surely give charity and be among the righteous.'"
Reference: At-Tawbah 9:75.
Such a person should fulfill his covenant, otherwise he will be deserving of this warning:
"فَأَعْقَبَهُمْ نِفَاقًا فِي قُلُوبِهِمْ "
"Therefore, as a punishment, Allah placed hypocrisy in their hearts."
Reference: At-Tawbah 9/77.
The jurists have stipulated that for a vow (nazar) to be valid, the person making the vow must be sane, adult, and of sound mind, because the Messenger of Allah (peace be upon him) said:
"رُفِعَ الْقَلَمُ عَنْ ثلاثة: عن الصَّبِى حَتَّى يَبْلُغَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ الْمَجْنُونِ حَتَّى يُفِيقَ"
"Three persons are excused from being held accountable: a child until he reaches puberty, a sleeper until he awakens, and a mad person until he regains sanity."
Reference: Sunan Ibn Majah, Divorce, Chapter on Divorce of the Mentally Ill, the Minor, and the Sleeper, Hadith: 2041.
If a disbeliever makes a vow to worship Allah, the vow will be valid, but fulfilling it will only become obligatory when he becomes a Muslim. Sayyiduna Umar (may Allah be pleased with him) narrated that he had made a vow during the time of ignorance to perform i'tikaf (seclusion for worship) in the House of Allah for one night, so the Prophet (peace be upon him) said:
"أَوْفِ بِنَذْرِكَ"
"Fulfill your vow."
Reference: Sahih al-Bukhari, I'tikaf, Chapter on I'tikaf at Night, Hadith 2032.
Five Types of Permissible Vows
① Absolute Vow (Nazar Mutlaq)
For example, if a person says without specifying any particular task:
I have vowed for the sake of Allah Almighty
Such a person will be required to pay the expiation of an oath, whether the vow is conditional or unconditional.
Thus, Uqbah bin Amir رضي الله عنه narrates that the Messenger of Allah صلى الله عليه وسلم said:
"كفَّارة النذر إذا لم يُسمِّ كفارة اليمين"
"When a vow is made without mentioning any specific task, its expiation is the expiation of an oath."
Reference: Sahih Muslim, Al-Nadhar, Chapter on the expiation of vows, Hadith: 1645. And Jami' at-Tirmidhi, Al-Nudhur, Chapter on the expiation when no task is mentioned, Hadith 1528. The wording is his.
② Vow of Anger
For example, if a person says:
✔ If I speak to you
✔ Or if I do not receive news about you
✔ Or if such and such news proves true
✔ Or if it proves false
Then I will perform Hajj, or free a slave or a maid.
In such a vow, the one who makes the vow has the option to either fulfill the vow or pay the expiation.
It is narrated from Hazrat Imran bin Husain رضي الله عنه that I heard the Messenger of Allah صلى الله عليه وسلم say:
" لا نذر في غضب ، وكفارته كفارة يمين"
"It is not necessary to fulfill a vow made in a state of anger, and its expiation is the expiation of an oath."
Reference: (Weak) Musnad Ahmad 4/433, Wara' al-Ghalil 8/211, Hadith 2587.
③ Permissible Vow
For example, if someone vows that he will wear a certain garment or ride a particular animal.
In this type of vow, he also has the option to either fulfill the vow or pay the expiation.
The opinion of Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, is that the one who makes a permissible vow is not required to pay expiation. This is supported by a narration in Sahih Bukhari in which the Prophet Muhammad, peace be upon him, was delivering a sermon and saw a man standing. When asked about him, people said:
This is Abu Isra'il. He has vowed to stand in the sun, not to sit, not to come into the shade, not to speak to anyone, and to fast.
The Prophet, peace be upon him, said:
"مروه فليتكلم، وليستظل، وليقعد، وليتم صومه"
"Order him to speak, come into the shade, sit down, and complete his fast."
Reference: Sahih al-Bukhari, Al-Iman, Chapter on Vows Regarding What One Does Not Own and in Disobedience, Hadith 6704.
④ Vow of Disobedience
A vow in which there is opposition to any ruling of Shariah, for example:
✔ A vow to drink alcohol
✔ A vow to fast during menstruation days
✔ A vow to fast on the day of sacrifice, i.e., Eid day
Fulfilling such a vow is absolutely not permissible, because the Prophet ﷺ said:
"وَمَنْ نَذَرَ أَنْ يَعْصِيَ اللَّهَ عَزَّ وَجَلَّ فَلا يَعْصِهِ "
"Whoever makes a vow to disobey Allah, then he should not disobey Him."
Reference: Sahih al-Bukhari, Al-Iman, Chapter on Vows Regarding Obedience, Hadith 6696. Sunan Abi Dawood, Al-Iman wal-Nudhur, Chapter on Vows in Disobedience, Hadith 3289. The wording is his.
According to some scholars, such a vow must be expiated, because committing disobedience is never permissible. This has also been narrated from a group of the Companions, may Allah be pleased with them all, such as Hazrat Ibn Mas'ud, may Allah be pleased with him, Ibn Abbas, may Allah be pleased with him, Imran bin Husain, may Allah be pleased with him, and Samrah bin Jundub, may Allah be pleased with him.
Whereas another group of scholars hold the opinion that a vow involving sin does not take effect, and therefore there is no expiation for it. The four Imams also hold this belief.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, preferred this opinion and stated that if someone lights a lamp at a grave or cemetery, or on a mountain, or a tree, or makes a vow for it, this is not permissible and should not be fulfilled; rather, the amount should be spent on a good deed.
⑤ Vow of Obedience
Meaning making a vow that involves obedience to Allah along with a permissible act, for example:
✔ Vow of prayer
✔ Vow of fasting
✔ Vow of Hajj
This vow can be absolute, for example, someone says:
I will pray for the pleasure of Allah Almighty
or
I will fast
Or it can be conditional, for example, someone says:
If Allah Almighty cures such and such patient, I will give this amount in the way of Allah
or
I will perform this many voluntary prayers
If the condition is fulfilled, it is obligatory to fulfill the vow, because the Messenger of Allah, peace be upon him, said:
"مَنْ نَذَرَ أَنْ يُطِيعَ اللَّهَ فَلْيُطِعْهُ"
"Whoever makes a vow to obey Allah, then he should obey Him."
Reference: Sahih al-Bukhari, Faith, Chapter on Vows in Obedience, Hadith: 66, 96.
Allah Almighty says:
"يُوفُونَ بِالنَّذْرِ"
"Those who fulfill their vows."
Reference: Adh-Dhariyat 51:76.
And He said:
"وَلْيُوفُوا نُذُورَهُمْ"
"And fulfill your vows."
Reference: Al-Hajj 22:29.
And Allah knows best what is right.
