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Reading Qur’an For A Deceased

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Answered by Ustadh Farid Dingle

Question: As-Salaamu ‘Alaykum,

A few years ago I signed up to read a juz of the Quran as part of a khatm sign up sheet for someone’s passing.. I had forgotten about that for a while and now I don’t even remember what juz number I signed up for.. I feel very worried. What should I do? Do I read the whole Quran with the intention of all of it being towards that same khatm? JazakAllah Khair.

Answer: Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

The moral weight of promises

Allah Most High has said:

Righteousness is not that you turn your faces toward the east or the west, but [true] righteousness is [in] one who believes in Allah, the Last Day, the angels, the Book, and the prophets and gives wealth, in spite of love for it, to relatives, orphans, the needy, the traveler, those who ask [for help], and for freeing slaves; [and who] establishes prayer and gives zakah; [those who] fulfill their promise when they promise; and [those who] are patient in poverty and hardship and during battle. Those are the ones who have been true, and it is those who are the righteous. [2: 177]

And the Prophet (Allah bless him and grant him peace) said, ‘The signs of a hypocrite are three, even if he fasts and prays and claims to be a Muslim: when he speaks he lies, when he gives a promise he breaks it, and when he is trusted he is treacherous.’ [Bukhari and Muslim]

We can learn from these divine teachings that fulfilling one’s promise is of the perfection of faith, and breaking one’s promise is of the signs of hypocrisy.

The believer vs. the hypocrite

That said, there is a big difference between making a genuine promise with full intent to fullfil, and just lying to someone’s face. The latter is what is meant by the hadith.

So, if one makes a promise, one must keep it, but if you unable to or you just happen to forget this is not a sin: ‘Indeed Allah has overlooked for my the mistakes of my nation does, and that which they do forgetfully or under compulsion.’ [al-Bayhaqi and Ibn Majah]

This means that if you generally meant to fulfill the promise but then forgot, you are not sinful, and the hadith of the signs of hypocrisy does not apply to you.

It is however a deficiency in one’s faith, even if it is not sin, to forget about something that you are supposed to do. May Allah forgive us all?

What to do now?

InshaAllah, you are not sinful for forgetting to recite then portion of the Quran you had promised to do, but this is a wake-up call from Allah to raise you to a higher level of trustworthiness with Him and His creation.

What you should do is, this month, when you are reciting Quran intend that the whole khatm is dedicated to whatever the original cause was and when you finish each day make a special dua to Allah to make you a trustworthy slave. Please make that dua for me too, if you remember.

I pray this helps.

[Ustadh] Farid Dingle

Checked and approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to crafts lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.

Breaking an Oath

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Answered by Shaykh Yusuf Weltch

Question: Assalamu alaykum

What is the ruling of swearing by Allah that one won’t do something, thereafter they do that thing?

Answer: In the Name of Allah, the Most Merciful and Compassionate

If one swears by the name of Allah that they will or will not do something it is obligatory for them to comply to what they swore upon, if that thing is permissible. If the object of the swearing is sinful (for example if one swears they will drink alcohol) it is strictly prohibited (Haram) to carry it out. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

If one does not carry out that which they swore upon, expiation is obligatory. One expiation is due for each oath that was broken. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

The Expiation

Allah Most High says, “Allah does not call you to account for your vain (unintentional) oaths, but he calls you to account for what you have pledged solemnly. So its atonement is feeding ten paupers with the average of what you feed your own families, or clothing them, or freeing a slave. But whoever does not find (the means to do so), should fast for three days. That is the atonement of your oaths when you pledge. But guard your oaths. Thus Allah makes His Signs clear for you in order that you might be thankful.

The expiation for a broken oath is:

(a) to free a slave or (b) to feed ten adult poor people two meals a day for ten days or (c) cloth ten adult poor people with an average quality garment which will cover most of their body. If these are not possible, then (d) one must fast three days in a row. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

The Concession

One of the leading authorities of the Hanafi school Muhammad Amin bin ‘Abidin narrates from al-Maqdisi (may Allah have mercy on them both) that when oaths become abundant they are combined and one expiation suffices them all. This was the opinion of Imam Muhammad and the chosen position. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

May Allah bless you and us with His divine guidance
Allahu A’alam

Wassalam,
[Shaykh] Yusuf Weltch

Shaykh Yusuf Weltch is a graduate from Tarim; student of Habib Umar and other luminaries; and authorized teachers of Qur’an and the Islamic sciences.

Should I Perform an Expiation After Breaking an Agreement?

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Answered by Ustadh Tabraze Azam

Question: Assalam alaykum

During the registration process of our college, I signed an agreement saying that I will complete atleast 75 percent attendance. I tried, but now it’s getting really hard for me to fulfill this. I don’t even know if my attendance would reach 75 percent even if I attended all the remaing days.

Would it be alright if I break this contract? If yes, would there be any kaffara?

Answer: Wa alaikum assalam wa rahmatullah,

There is no expiation (kaffara) except in cases where a person makes an oath to do something.

If you’ve tried to uphold this promise, but fallen short, this is excusable. Similarly, if you have an excuse for being unable to attend, this would also be admissible.

And Allah Most High knows best.

wassalam,

[Ustadh] Tabraze Azam

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.

What Are the Words Which Make an Oath Binding?

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Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

1. What are the words which make an oath binding?

2. Is verbal utterance necessary for an oath to be valid or will an oath be formed if a firm intention is made in the heart without saying it loudly with the mouth and tongue?

Answer: Wa ‘alaykum as-salam wa rahmatullah wa barakatuh

I pray you are well.

What’s in an oath?

Oath are a means of strengthening a point one is making by using the name of Allah Most High, or a means by which one affirms that he will do or refrain from something. Not doing the thing entails a disrespect to the name of Allah, so one is required to perform an expiation to compensate. Allah has commanded the believers: ‘Protect your oaths’ (5:89). This entails fulfilling what one swears, and not making an oath something commonplace. Rather, it should only be used in special circumstances.

One type of oath is called a nadhr (an oath of exchange), which is when a person swears to perform a particular act of worship if Allah makes a particular thing happen. These must be fulfilled too. However, the Messenger of Allah (Allah bless him and give him peace) said, ‘Do not oaths of exchange because they do not alter destiny in the slightest. Clearly, all that happens is that misers are made to give something by them’ (Muslim).

The hadith is one of guidance, not one of prohibition. If someone does so they should follow through, and do what they said.

Verbalising Oaths

Oaths must be spoken out loud. A thought of a statement of an oath, or a firm intention is not considered an oath which has legal consequences.

Swearing Oaths

The words which are used to swear an oath vary from culture to culture, and from language to language. What concerns us is that the name of Allah is used to add to the weightiness of what one is saying, whether it is to emphasise, affirm or deny something.

The blessed name ‘Allah’ does not have to be used; anything which is a reference to the One True Creator is sufficient, such as the words ‘God’, ‘Khudā’, etc as long as it does not imply any sort of shirk or shared divinity. So saying ‘By God, I will do such and such’ is an oath. This wording implies the use of the words [I swear] before it. Other examples are saying ‘w-Allahi’ or ‘Khudā kī qasam’, in Arabic and Urdu respectively.

The Attributes of Allah

Oath can also be sworn by the attributes of Allah, such as saying ‘I swear by the One who created all that exists’, ‘I swear by the Lord of Muhammad (Allah bless him and give him peace)’ or ‘I swear by the One in whose hand my life is’. Swearing by mentioning the attributes of Allah is just like swearing by the being of Allah Most High. The Qur’an is the speech of Allah, and His speech is one of His attributes, so swearing by the Book of Allah is akin to swearing by Him.

(al-Kasani, Badaʾiʿ al-Sanaʿiʿ, al-Mawsili, al-Ikhtiyar)

Swearing by Other than Allah

The Messenger of Allah (Allah bess him and give him peace) said, ‘Indeed Allah has forbidden you from swearing by your fathers; so whoever is going swear an oath, then let him swear by Allah or stay silent.’ (Bukhari).
For this reason it is not permissible to swear and oath with the name of anyone else – not even the Messenger of Allah (Allah grant him peace).

If one does happen to see something like this then basic Islamic conduct dictates that one give the person the benefit of the doubt. Sometimes words are implied in sentences.

May Allah grant you the best of both worlds.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.

How to Fulfill an Oath at the Time of Menstruation?

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Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

I have taken an oath to perform two cycles of nafl prayer in a day if I performed a certain task. I performed that task but my period started just after that. What’s the ruling on it? Can I perform two nafl prayers when my periods will be over?

Answer: Wa ‘alaylkum as-salam wa rahmatullah wa barakatuh

I pray you are well. Thank you for your question.

You can simply pray 2 units when your period ends and your oath will be fulfilled.

The oath you swore is called a nadhr in the Shariʿa: an oath to perform a certain act of worship if a particular thing happens. In oaths such as these, when fulfilling them, it is only important that the act of worship be present. Stipulated times, places, cash and specific poor people are overlooked.

So if someone swore to fast all of Dhul-Qaʿda, but ends of fasting all of Muharram instead the oath is considered fulfilled. The same applies to praying 2 units on a Friday, but praying them on Sunday instead, or giving a particular £10 note to a specific poor person, but doing a bank transfer of that amount to someone else.
(Shurunbulali, Nur al-Idah).

May Allah bless you with the best of both worlds.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.

Is It Possible to Become a Disbeliever Through an Oath?

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Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

You have mentioned that if someone takes an oath saying “If I do this or do not do this, I will become a Kafir forever”, the person does not become a kafir.
But recently on your website, it was mentioned that if the person’s intention at the time of making an oath was to become a kafir, then he will become a kafir.

Is it a difference of opinion?

Answer: Wa ‘alaylum as-salam wa rahmatullah wa barakatuh

I pray you are well.

In order to understand this we need know that there are two types of oaths relevant here:

1. A conditional oath – ‘If I do / do not do x then the I am a Y’ or ‘By God I will never do x’. This oath is usually sworn to make oneself do an act or to prevent oneself from it.

2. A false oath -such as saying ‘I swear by God I did not do x’ when you know it to be untrue.

If a person says something to the effect of ‘If he does x he will become a kafir’ – which is from category 1 – what we clearly understand is that he does not with do that thing – which is why he placed such a serious consequence upon doing it. Therefore, if he did do it, it will be considered an oath, and he will have to perform the expiation as a penalty for breaking it. This is because he considers this statement an oath, and therefore a preventative means.

If someone swore an oath from category 1 or 2 thinking that he will indeed become a disbeliever if he breaks the oath – as with category 1 – or knowing that he had done the act – as with category 2 – then this person becomes a disbeliever in that situation. This is because he thinks that doing such a thing will make a disbeliever and then he goes ahead and does it, or he has done something, and then he swears that if he has done it he is a disbeliever.

This shows that in the last two scenarios – according to his understanding – both lead to disbelief. Therefore doing them in the first scenario is an acceptance of disbelief, and swearing the oath in the second is a sign that he is happy with disbelief. Therefore he becomes a disbeliever because he thinks that swearing the oath or doing the act will make him and disbeliever, and then he does it anyway. This is just like someone knowing that rejecting a verse of the Qur’an is disbelief, and then he does so anyway (al-Haskafi, al-Durr al-Mukhtar, Ibn Abidin, Radd al-Muhtar).

And Allah knows best.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.

Is Breaking This Oath Disbelief?

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Answered by Shaykh Umer Mian

Question: Assalamu alaykum

I made this oath:

“wallahi I won’t talk to my friend (non mahram) and if I do it will mean that I have committed shirk”

I broke it. Do I have to repeat my testimony of faith?

Answer: Wa’leykum salam,

The fuqaha (jurists of Islamic law) differed about someone who makes an oath (اليمين) upon disbelief (كفر), such as by saying: “If I do such and such, then I am a non-Muslim,” or “I am free from Islam,” or “I worship other than Allah” (we seek Allah’s refuge from all of this). Does such a person become a disbeliever by making such an oath?

The fatwa is according to the person’s intention at the time of making the oath, according to two possibilities:

a) At the time the person made the oath, they intended that doing the thing mentioned results in their disbelief. Then, despite that intention, the person goes ahead and does the stated thing. In this case, the person becomes a disbeliever (كافر) because they have clearly demonstrated their satisfaction with disbelief. The fiqh principle states: “Satisfaction with disbelief is disbelief” (الرضا بالكفر كفر).

b) At the time the person made the oath, they intended that doing the thing mentioned does not result in their disbelief (kufr). In this case, if the person goes ahead and does the stated thing, they do not become a disbeliever (kafir). Rather, they repent for the sin and pay the expiation for violating an oath (كفارة اليمين).

Since you stated that you are unaware of your intention at the time of making this oath and since the fuqaha have differed upon this issue, it is most precautionary that you repeat your shahadah (Islamic testification of faith), make sincere tawbah (repentance), and avoid making any similar statements in the future. In addition, if you were married at the time of making the oath, then you should renew the nikah (Islamic marriage contract) with your wife. This is most precautionary, since disbelief of either spouse breaks the nikah.

Sources: al-Fatawa al-Hindiyyah, al-Durr al-Mukhtar, Radd al-Muhtar.

Arabic source texts are below.

من “الفتاوى الهندية”، كتاب الأيمان:

ولو قال : إن فعل كذا فهو يهودي ، أو نصراني ، أو مجوسي ، أو بريء من الإسلام ، أو كافر ، أو يعبد من دون الله ، أو يعبد الصليب ، أو نحو ذلك مما يكون اعتقاده كفرا فهو يمين استحسانا كذا في البدائع .
حتى لو فعل ذلك الفعل يلزمه الكفارة ، وهل يصير كافرا اختلف المشايخ فيه قال : شمس الأئمة السرخسي رحمه الله تعالى : والمختار للفتوى أنه إن كان عنده أنه يكفر متى أتى بهذا الشرط ، ومع هذا أتى يصير كافرا لرضاه بالكفر ، وكفارته أن يقول : لا إله إلا الله محمد رسول الله ، وإن كان عنده أنه إذا أتى بهذا الشرط لا يصير كافرا لا يكفر ، وهذا إذا حلف بهذه الألفاظ على أمر في المستقبل أما إذا حلف بهذه الألفاظ على أمر في الماضي بأن قال : هو يهودي ، أو نصراني ، أو مجوسي إن كان فعل كذا أمس ، وهو يعلم أنه قد كان لا شك أنه لا يلزمه الكفارة عندنا ؛ لأنه يمين غموس ، وهل يصير كافرا اختلف المشايخ فيه قال : شمس الأئمة السرخسي رحمه الله تعالى ، والمختار للفتوى أنه كان عنده أن هذا يمين ، ولا يكفر متى حلف به لا يكفر ، وإن كان عنده أنه يكفر متى حلف به يكفر لرضاه بالكفر ، وأما إذا قال : يعلم الله أنه قد فعل كذا ، وهو يعلم أنه لم يفعل ، أو قال : يعلم الله أنه لم يفعل كذا ، وقد علم أنه فعل اختلف المشايخ فيه عامتهم على أنه يصير كافرا كذا في الذخيرة .

من “الدر المختار”، كتاب الأيمان:

لَا يُقْسَمُ بِغَيْرِ اللَّهِ تَعَالَى كَالنَّبِيِّ وَالْقُرْآنِ وَالْكَعْبَةِ
…
وَلَوْ تَبَرَّأَ مِنْ أَحَدِهَا فَيَمِينٌ إجْمَاعًا
…
وَبَرِيءٌ مِنْ اللَّهِ أَلْفَ مَرَّةٍ يَمِينٌ وَاحِدَةٌ ، وَبَرِيءٌ مِنْ الْإِسْلَامِ أَوْ الْقِبْلَةِ أَوْ صَوْمِ رَمَضَانَ أَوْ الصَّلَاةِ أَوْ مِنْ الْمُؤْمِنِينَ أَوْ أَعْبُدُ الصَّلِيبَ يَمِينٌ ، لِأَنَّهُ كُفْرٌ وَتَعْلِيقُ الْكُفْرِ بِالشَّرْطِ يَمِينٌ وَسَيَجِيءُ أَنَّهُ إنْ اعْتَقَدَ الْكُفْرَ بِهِ يَكْفُرُ وَإِلَّا يُكَفِّرُ .
…
قَالَ الرَّازِيّ : أَخَافُ عَلَى مَنْ قَالَ بِحَيَاتِي وَحَيَاتِك وَحَيَاةِ رَأْسِك أَنَّهُ يَكْفُرُ وَإِنْ اعْتَقَدَ وُجُوبَ الْبِرِّ فِيهِ يُكَفِّرُ ، وَلَوْلَا أَنَّ الْعَامَّةَ يَقُولُونَهُ وَلَا يَعْلَمُونَهُ لَقُلْت إنَّهُ مُشْرِكٌ .
وَعَنْ ابْنِ مَسْعُودٍ رَضِيَ اللَّهُ عَنْهُ : لَأَنْ أَحْلِفَ بِاَللَّهِ كَاذِبًا أَحَبُّ إلَيَّ مِنْ أَنْ أَحْلِفَ بِغَيْرِهِ صَادِقًا .

من “رد المحتار”، كتاب الأيمان:

( قَوْلُهُ أَوْ أَعْبُدُ الصَّلِيبَ ) كَأَنْ قَالَ إنْ فَعَلْت كَذَا فَأَنَا أَعْبُدُ الصَّلِيبَ
( قَوْلُهُ لِأَنَّهُ كُفْرٌ إلَخْ ) تَعْلِيلٌ لِقَوْلِهِ وَلَوْ تَبَرَّأَ مِنْ أَحَدِهَا مَعَ مَا عُطِفَ عَلَيْهِ
( قَوْلُهُ وَتَعْلِيقُ الْكُفْرِ إلَخْ ) وَلَوْ قَالَ هُوَ يَسْتَحِلُّ الْمَيْتَةَ أَوْ الْخَمْرَ أَوْ الْخِنْزِيرَ إنْ فَعَلَ كَذَا لَا يَكُونُ يَمِينًا .
وَالْحَاصِلُ أَنَّ كُلَّ شَيْءٍ هُوَ حَرَامٌ حُرْمَةً مُؤَبَّدَةً بِحَيْثُ لَا تَسْقُطُ حُرْمَتُهُ بِحَالٍ كَالْكُفْرِ وَأَشْبَاهِهِ ، فَاسْتِحْلَالُهُ مُعَلَّقٌ بِالشَّرْطِ يَكُونُ يَمِينًا ، وَمَا تَسْقُطُ حُرْمَتُهُ بِحَالٍ كَالْمَيْتَةِ وَالْخَمْرِ وَأَشْبَاهِ ذَلِكَ فَلَا ذَخِيرَةٌ
( قَوْلُهُ وَسَيَجِيءُ ) أَيْ قَرِيبًا فِي الْمَتْنِ
( قَوْلُهُ وَإِلَّا يُكَفِّرُ ) بِالتَّشْدِيدِ : أَيْ تَلْزَمُهُ الْكَفَّارَةُ .
( قَوْلُهُ وَإِنْ اعْتَقَدَ وُجُوبَ الْبِرِّ فِيهِ يُكَفِّرُ ) لَيْسَ هَذَا مِنْ كَلَامِ الرَّازِيّ الْمَنْقُولِ فِي الْفَتْحِ وَالْبَحْرِ بَلْ مَا بَعْدَهُ ، وَهَذَا إنَّمَا ذَكَرَهُ فِي الْفَتْحِ قَبْلَ نَقْلِ كَلَامِ الرَّازِيّ ، وَكَأَنَّ الشَّارِحَ ذَكَرَهُ هُنَا لِيُبَيِّنَ بِهِ أَنَّهُ الْمُرَادُ مِنْ قَوْلِهِ يُكَفِّرُ ، وَكَانَ الْأَوْلَى التَّصْرِيحُ بِأَيٍّ التَّفْسِيرِيَّةِ .
ثُمَّ الْمُرَادُ بِاعْتِقَادِ وُجُوبِ الْبِرِّ فِيهِ كَمَا قَالَ ح اعْتِقَادُ الْوُجُوبِ الشَّرْعِيِّ بِحَيْثُ لَوْ حَنِثَ أَثِمَ وَهَذَا قَلَّمَا يَقَعُ .
( قَوْلُهُ وَلَا يَعْلَمُونَ ) أَيْ لَا يَعْلَمُونَ أَنَّ الْيَمِينَ مَا كَانَ مُوجِبُهَا الْبِرَّ أَوْ الْكَفَّارَةَ السَّاتِرَةَ لِهَتْكِ حُرْمَةِ الِاسْمِ وَأَنَّ فِي الْحَلِفِ بِاسْمِ غَيْرِهِ تَعَالَى تَسْوِيَةً بَيْنَ الْخَالِقِ وَالْمَخْلُوقِ فِي ذَلِكَ
( قَوْلُهُ لَقُلْت إنَّهُ مُشْرِكٌ ) أَيْ إنَّ الْحَالِفَ بِذَلِكَ .
وَفِي بَعْضِ النُّسَخِ إنَّهُ شِرْكٌ بِدُونِ مِيمٍ : أَيْ أَنَّ الْحَلِفَ الْمَذْكُورَ .
وَفِي الْقُهُسْتَانِيِّ عَنْ الْمُنْيَةِ أَنَّ الْجَاهِلَ الَّذِي يَحْلِفُ بِرُوحِ الْأَمِيرِ وَحَيَاتِهِ وَرَأْسِهِ لَمْ يَتَحَقَّقْ إسْلَامُهُ بَعْدُ .
وَفِيهِ : وَمَا أَقْسَمَ اللَّهُ تَعَالَى بِغَيْرِ ذَاتِهِ وَصِفَاتِهِ مِنْ اللَّيْلِ وَالضُّحَى وَغَيْرِهِمَا لَيْسَ لِلْعَبْدِ أَنْ يَحْلِفَ بِهَا
( قَوْلُهُ وَعَنْ ابْنِ مَسْعُودٍ إلَخْ ) لَعَلَّ وَجْهَهُ أَنَّ حُرْمَةَ الْكَذِبِ فِي الْحَلِفِ بِهِ تَعَالَى قَدْ تَسْقُطُ بِالْكَفَّارَةِ ، وَالْحَلِفُ بِغَيْرِهِ تَعَالَى أَعْظَمُ حُرْمَةً وَلِذَا كَانَ قَرِيبًا مِنْ الْكُفْرِ وَلَا كَفَّارَةَ لَهُ ط

Wassalam,
[Shaykh] Umer Mian

How to Expiate a Broken Oath?

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Answered by Ustadh Tabraze Azam

Question: Assalam alaykum

I once made an oath that I won’t do something but I did it. I looked up the expiations for oaths but am unable to do them, even the fasting for 3 days. Will I be forgiven if I pray 2 cycles of repentance prayer and repent from what I did sincerely?

Answer: Wa alaikum assalam wa rahmatullah,

Failing to fulfil an oath made would entail an expiation (kaffara).

An oath is a statement made where a person swears using the Name of Allah Most High, such as “By Allah/I swear by Allah, I will do such and such.” What counts is a verbal utterance, so merely thinking of this or saying it in your mind is of no legal consequence.

Thereafter, if the thing you sought to avoid was a sin, you should also repent for your error.

The time of making the expiation [approximately £2.50 to be given to ten poor persons] is the determiner as to whether or not you are legally “able.” If unable, you must fast three days consecutively which must not be interrupted by menstruation and the like. Further, you must remain unable for all three of these days for your expiation to be deemed valid.

If it is established that you are medically unable to fast three days consecutively, you would wait until you are able later in life. Merely repenting would not be sufficient to lift this duty.

[‘Ala’ al-Din ‘Abidin, al-Hadiyya al-‘Ala’iyya (189); Ibn ‘Abidin, Radd al-Muhtar ‘ala al-Durr al-Mukhtar (2.120/3.62)]

Please also see: What is the Difference Between a Promise, an Oath, and a Vow? and: A Reader on Tawba (Repentance)

And Allah Most High knows best.

wassalam,

[Ustadh] Tabraze Azam

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.

What Should I Do After Breaking an Oath?

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Answered by Ustadh Tabraze Azam

Question: Assalam alaykum

Some years ago I did a sin. After my prayer I said “Allah I swear to You that I will never do that again. ” but after a long time I did it.

What should I do?

Answer: Wa alaikum assalam wa rahmatullah,

This is an oath (yamin) to avoid a sin, and accordingly, you would give the expiation (kaffara) for breaking it.

The expiation is to: (a) feed ten poor people two full meals, (b) to clothe them decently, or (c) to give the monetary equivalent of that.

In future, avoid using oaths and the like to avoid sin and the like. And if you have an ongoing or recurring sin, consider getting some professional help.

[‘Ala’ al-Din ‘Abidin, al-Hadiyya al-‘Ala’iyya]

Please also see: What is the Difference Between a Promise, an Oath, and a Vow? and: Expiation for a Broken Oath and: Is Expiation Required for Each Instance You Break an Oath?

And Allah Most High alone knows best.

wassalam,

[Ustadh] Tabraze Azam

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.

When Is the Expiation of an Oath Deemed Achieved?

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Answered by Ustadh Tabraze Azam

Question: Assalam alaykum

When you pay Kaffarah to expiate a broken oath to a charitable organisation, must you wait for the money to actually reach the 10 people before the oath is actually considered expiated?

Answer: Wa alaikum assalam wa rahmatullah,

Yes, a vitiated oath is only deemed expiated for when the payment has reached its intended recipients. The same would apply for other payments, obligatory [such as zakat] or otherwise.

Practically, it is useful to ascertain whether a given charity has proper procedures in place to ensure that (1) the expiation is paid for soundly, and (2) it is taken care of in a timely manner.

Please also see this answer.

And Allah Most High alone knows best.

wassalam,

[Ustadh] Tabraze Azam

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.