Did I Unwittingly Make All My Property Waqf?

Shafi'i Fiqh

Answered by Shaykh Irshaad Sedick

Question

A man discovered that his wife was in multiple relationships before their marriage. She was in a relationship with more than one boy simultaneously.

After knowing that, the man told his wife, “you will be involved in adultery in the future because your character is bad.” The wife denied that and said she would never be involved in adultery. But, the husband could not believe her because most of his wife’s statements are usually lies, and she seldom can keep her promise. The husband got frustrated considering her wife a liar. He suddenly said, “If you aren’t involved in adultery in the future, all of my properties are Waqf.”

As far as he can remember, he told it as a challenge or a bet. Now, what’s the ruling for him?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah guide us to that which pleases Him, forgive us for our shortcomings, and alleviate our difficulties, Amin.

We pray that Allah protects all of us and our relationships from unlawful acts, especially adultery. We advise the husband not to judge his wife based on her past alone. Perhaps she repented, and when a believer repents, we assume that their repentance is sincere, and Allah knows best.

The provided description appears to match a vow (nadhr), except that there was reportedly no intention. If it was said in anger (as described), the person must either fulfil the vow or pay the expiation of broken oaths. Allah knows best.

What are the Differences between Oaths, Vows, and Promises?

An oath is a solemn statement to do or refrain from something or that something is true, so if things turn out otherwise, the swearer must make an expiation (kafara). [Misri, ʿUmda al-Salik]

An oath is when you say, “By Allah …”.

A vow is when you say something sunna is now obligatory on you ‘for the sake of Allah’ or “due to Allah.” If there is no mention of Allah with His names, it usually cannot become an oath or vow.

In a promise, one says to oneself or someone else, promising to do something. There is no penalty or anything else for breaking a promise.

That said, one should keep one’s word as a point of honor and fear that one will be asked about it on the Day of Judgment. “And be true to every promise, for you will be called to account for every promise you have made.” [Quran, 17:34]

Vows in Anger

If someone makes a vow by way of argument and in anger, saying, for example, “If I speak to Zayd, I am obliged to do such and such,” then, if he speaks to Zayd, he has a choice between doing what he has vowed or else paying the expiation for a broken oath [Keller, Reliance of the Traveller]

Expiation

The expiation consists of a choice of any one of the following:

  1. To free a sound enslaved Muslim;
  2. To feed ten people who are poor or short of money, each (0.51 litres of grain).
    Note: Though it is not a condition that it be grain, but rather the type of food payable for the zakat of ‘Eid al-Fitr, even if not grain (and the Hanafi school permits giving its value in money.)
  3. Or provide clothing of any kind for ten such persons, even if it consists of a wraparound or clothing previously washed, though not if ragged.

If one cannot do any of the above, one must fast for three days. It is better to fast them consecutively, though permissible to do so nonconsecutively. [ibid.]

I pray this is of benefit.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar, Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and pursuing his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.