Do I Have to Pay an Expiation for Masturbating?


Shafi'i Fiqh

Answered by Shaykh Anees Omar

Question

If one takes an oath to not perform a particular action, but then performs a variation of the action (although he did not have that variation in mind while he was taking the oath), is his oath considered broken?

Here is the full context:

A brother used to have the filthy habit of masturbation, however, he made an oath to Allah that he would not engage in such an act again or he would face a self-imposed penalty of fasting for 60 days and paying a set amount of money.

Sometime later, he had an obscene dream. In the midst of the obscene dream, he became semi-aware that he was performing a sexual act in the dream. Essentially, he was in a state of semi-awareness when he figured that he was humping his bolster pillow – to the point of ejaculation. In the midst of this, the thought of “am I masturbating?” came to mind. However, he did not stop, and he eventually ejaculated.

In this situation, is his oath considered broken? Please know that when he took the oath, he did not have this particular situation in mind. He did not even think to consider these kinds of situations. He was only thinking and referring to the explicit, haram habit which he had been doing – not a variation like this.

A couple of follow-up questions:

– if his oath is indeed broken, does he have to fulfill the usual expiation of broken oaths as well as the personal penalty he had imposed on himself? What is the usual expiation for broken oaths?

– is it possible for him to ‘replace’ his current oath with Allah to one that is less severe in penalty, for example?

Answer

Thank you for your question.

The oath is not broken in this case as the individual intended a specific action when making the oath. Since this specific action was not perpetrated whilst in a completely conscious state, the oath is still intact and therefore no expiation is due. (Mugni al-Muhtaj)

What to do if the oath is broken?

Had we considered his oath broken, he would have had the option of carrying out the vow (the fasting of 60 days and paying a sum of money) or paying the expiation of breaking an oath. The expiation of breaking an oath is either feeding ten poor persons, clothing them or freeing a slave. If one is unable to do any of these three things, one would fast for three days. (Minhaj al-Talibin)

Can the oath be replaced?

An oath cannot be replaced. However, you can absolve yourself from the oath by paying the expiation before breaking the oath.

Can the self-imposed penalty be replaced to a lesser penalty?

No, it cannot, but one may either carry out the vow or pay the expiation as explained above.

And Allah knows best

[Shaykh] Anees Omar
Approved by Shaykh Abdurragmaan Khan