Does Stating a Consequence for Breaking an Oath Make It Binding?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
If someone vows that breaking an oath will invalidate their marriage or past acts of worship (prayers or fasts), will this actually affect the validity of these actions? Does merely stating such a consequence make it binding?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
If someone takes an oath mentioning Allah’s name, such as stating that their marriage will be invalid if they engage in a certain action. The marriage will be considered invalid if they break the oath. One revocable divorce takes place. In a revocable divorce, the husband can take his wife back within the waiting period either by saying so or through an action like kissing or engaging in intercourse. You will also be required to give an expiation (kaffara).
However, if the oath pertains to their acts of worship being invalid, their acts of worship will remain valid.
Expiation (Kaffara) of a Broken Oath
The expiation (kaffara) for a broken oath is:
- to free a slave or
- to feed ten poor adult people two meals a day for ten days or
- clothe ten poor people with average quality clothing that will cover most of their body.
If these are not possible, then:
- one must fast for three days continuously in a row.
[Ibn ‘Abidin, Radd al-Muhtar; ‘Ala’ al-Din ‘Abidin, al-Hadiyya al-‘Ala’iyya]
Related
- Oaths Archives
- Is My Marriage Valid if My Husband Took an Oath to Become a Non-Muslim?
- Words That Make Oaths Binding
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
