The Book of Oaths

النَّذْرِ

Glossary

Chapter on Vows ¹⁵¹²

Whoever vows (to do) an act of obedience is obligated to do it ¹⁵¹³ because the Messenger of Allah (SA) said, “Whoever vows to obey Allah, let him obey Him.” ¹⁵¹⁴

مَنْ نَذَرَ طَاعَةً، لَزِمَهُ فِعْلُهَا؛ لِقَوْلِ رَسُوْلِ اللهِ :"مَنْ نَذَرَ أَنْ يُطِيعَ اللَّهَ فَلْيُطِعْهُ".

1512. Taking a vow makes a particular action obligatory on oneself, even though it is not normally obligatory in Sharia.

1513. The Ruling on Making and Fulfilling a Vow
They all agreed that it is binding to fulfill a valid vow of a mustaḥab deed.

They disagreed on the ruling on taking a vow.

(A): Makrooh.

(-H): Mustaḥabb.
(-M): Mustaḥabb if it is not conditional, and makrooh if it is.

(-S): Mustaḥabb if it is for the pleasure of Allah, and makrooh if it is to encourage or deter oneself or others from a certain conduct.

Those who said that it is mustaḥabb argued that it is obligating oneself to perform a virtuous act of worship.

The reason why it is makrooh according to (A) is that it is (usually) conditional, and also because it adds a burden on oneself that is not prescribed. Anyone who wants to excel in worship may do that without taking vows. The textual proof for (A) is the statement of the Messenger of Allah (SA):

“Do not make vows, for vows have no effect on what is decreed. They are only a means of extracting something from the miserly.” (M – from Abu Hurayrah)

لَا تَنْذِرُوا فَإِنَّ النَّذْرَ لَا يُغْنِي مِنْ الْقَدَرِ شَيْئًا وَإِنَّمَا يُسْتَخْرَجُ بِهِ مِنْ الْبَخِيلِ

1514. (B – from ‘Â’ishah) The rest of the hadith is:

“… and whoever vows to disobey Allah, let him not disobey Him.”

وَمَنْ نَذَرَ أَنْ يَعْصِيَهُ فَلاَ يَعْصِهِ

man vowing a fast he cannot tolerate, then he must expiate for it ¹⁵¹⁵because the Messenger of Allah (SA) said, “If one takes a vow that he cannot fulfill, its expiation is the same as that for an oath.” ¹⁵¹⁶

كَفَّارَةُ يَمِيْنٍ؛ لِقَوْلِ رَسُوْلِ اللهِ : "مَنْ نَذَرَ نَذْراً لَا يُطِيقُهُ، فَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ".

If one vows to walk to the sacred house of Allah, his or her vow will only be fulfilled by walking for Hajj or ‘umrah; ¹⁵¹⁷ if unable to walk, he or she should ride and expiate. ¹⁵¹⁸

وَمَنْ نَذَرَ الْمَشْيَ إِلَى بَيْتِ اللهِ الْحَرَامِ، لَمْ يَجْزِهِ إِلاَّ الْمَشْيُ فِيْ حَجٍّ أَوْ عُمْرَةٍ، فَإِنْ عَجَزَ عَنِ الْمَشْيِ، رَكِبَ وَكَفَّرَ.

1515. This is different from vowing to do something impossible (muḥâl), like fasting yesterday. In such case, the authorized view in the madh-hab is that expiation is not required. (A)

1516. (D – from Ibn ‘Abbâs) The rest of the report says:

“If someone takes a vow but does not name it, its expiation is the same as that for an oath; if someone takes a vow to do an act of disobedience, its expiation is the same as that for an oath; and if someone takes a vow that is beyond his or her capacity, its expiation is the same as that for an oath. However, if someone takes a vow that is within his or her capacity, he or she must fulfill it.”

مَنْ نَذَرَ نَذْرًا لَمْ يُسَمِّهِ ، فَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ ، وَمَنْ نَذَرَ نَذْرًا فِي مَعْصِيَةٍ ، فَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ ، وَمَنْ نَذَرَ نَذْرًا لَا يُطِيقُهُ ، فَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ ، وَمَنْ نَذَرَ نَذْرًا أَطَاقَهُ ، فَلْيَفِ بِهِ

The scholars of Hadith, including Abu Dâwood, accepted the version of this hadith that was mawqoof (traceable only to the Companion). At the least, it is the fatwa of Ibn ‘Abbâs.

1517. Because that is implied in the vow.

1518. Due to the report of Ibn ‘Abbâs. Also, ‘Uqbah ibn ‘Âmir (RA) narrated that his sister took a vow to walk barefooted to Allah’s House (for pilgrimage). Then she asked him to consult Allah’s Messenger (SA), so he consulted him and the Prophet (SA) said, “Let her walk and ride.” (Ag)
In another report of the same incident, the Prophet (SA) said:

“Allah benefits not from the suffering of your sister; let her perform Hajj riding and expiate for her oath.” (D. D:controversial authenticity, Ibn Ḥajar:R, al-‘Ayni and Aḥmad Shâkir:S)

إِنَّ اللَّهَ لاَ يَصْنَعُ بِشَقَاءِ أُخْتِكَ شَيْئًا، فَلْتَحُجَّ رَاكِبَةً وَلْتُكَفِّرْ عَنْ يَمِينِهَا

If one vows a consecutive fast but is unable to do it consecutively, he should divide it and expiate. If, in the middle of the fast, he finds himself unable to continue it consecutively, he will be given the choice of restarting it anew ¹⁵¹⁹or completing the remaining days and expiating. If he interrupts the fast without an excuse, he must restart it anew. If one vows the fast of certain days ¹⁵²⁰ and he breaks his fast in some of them, he must finish the fast, make up (for the missed days), and expiate, whether or not he had an excuse. ¹⁵²¹

وَإِنْ نَذَرَ صِيَامًا مُتَتَابِعًا، فَعَجَزَ عَنِ التَّتَابُعِ، صَامَ مُتَفَرِّقًا، وَكَفَّرَ، وَإِنْ تَرَكَ التَّتَابُعَ لِعُذْرٍ فِيْ أَثْنَائِهِ، خُيِّرَ بَيْنَ اسْتِئْنَافِهِ وَبَيْنَ الْبِنَاءِ وَالتَّكْفِيْرِ، وَإِنْ تَرَكَهُ لِغَيْرِ عُذْرٍ وَجَبَ اسْتِئْنَافُهُ. وَإِنْ نَذَرَ مُعَيَّنًا، فَأَفْطَرَ فِيْ بَعْضِهِ، أَتَمَّهُ وَقَضَى، وَكَفَّرَ بِكُلِّ حَالٍ.

If one vows (the emancipation of) a slave, then (the emancipation of) any slave eligible to fulfill the oath will suffice, unless he vowed (to emancipate) a particular slave.

وَإنْ نَذَرَ رَقَبَةً، فَهِيَ الَّتِيْ تُجْزِئُ عَنِ الْوَاجِبِ، إِلاَّ أَنْ يَنْوِيَ رَقَبَةً بِعَيْنِهَا.

There is no (binding) vow to commit a sin ¹⁵²² or to carry out a (merely) permissible act, ¹⁵²³ and

1519. The principle here is that one must fulfill the vow as long as he is capable, but if he is not capable, he will need to expiate. One who has an excuse for interrupting the fast will not be considered to have intentionally violated its continuity but still must expiate unless he redoes it consecutively, because he failed to fulfill the vow.

1520. Like the month of Rajab, for example.

1521. There is no mention here of whether or not one must restart the fast anew if one interrupts it without an excuse. According to Aḥmad himself, it is not required. However, the authorized position of the madh-hab (A) is that one must restart the fast anew, because even if the individual does not stipulate it, the saying, “I will fast the month of Rajab” implies a fast of all the days consecutively.

1522. Vowing to Do an Impermissible Act

One must not commit the sin.

(A) + (+H): One must still expiate, as in Abu Dâwood’s report from Ibn ‘Abbâs (above). Also, it was reported that the Prophet (SA) said:

there is no (binding) vow concerning that which one does not possess or cannot do. ¹⁵²⁴ There is also no (binding) vow if an oath was intended. ¹⁵²⁵

الْيَمِيْنَ؛ لِقَوْلِ رَسُوْلِ اللهِ : "لاَ نَذْرَ فِي مَعْصِيَةٍ وَلاَ نَذْرَ فِيمَا لاَ يَمْلِكُ ابْنُ آدَمَ" وقال: "لاَ نَذْرَ إِلاَّ فِيمَا ابْتُغِيَ بِهِ

“No vow must be taken to do an act of disobedience, and the expiation for it is the same as for an oath.” (D – from ‘Â’ishah. Controversial; the majority: W)

لاَ نَذْرَ فِي مَعْصِيَةٍ، وَكَفَّارَتُهُ كَفَّارَةُ يَمِينٍ.

(A): One who vows to do something makrooh has the option of doing it or expiating for it, but it is recommended to expiate and avoid the makrooh. (a) + (-M, -S): In the two previous examples in the text, the vow is not valid, and no expiation is binding because of the hadiths mentioned in the main text.

1523. Vowing to Do a Permissible Act

(A/SM & Iqnâ‘) + (+some Mâlikis): This is an act such as eating a type of food, wearing wool, standing, sitting, etc. This vow is not binding (so one has the option to do it or not), but it is valid, according to the madh-hab, so if it is not fulfilled, he or she must expiate with the expiation of an oath.
The proof for this position (validating such vows) is that the Messenger of Allah (SA) went out for one of his expeditions, and when he came back, a black slave girl came to him and said, “O Messenger of Allah, I made a vow that if Allah returned you safely, I would beat the duff before you and sing.” The Messenger of Allah (SA) said to her:

“If you have made an oath, then beat it, but if you have not, then do not.” (T – from Buraydah. T:R)

إِنْ كُنْتِ نَذَرْتِ فَاضْرِبِي وَإِلاَّ فَلاَ

(a) + (-H, -S): The vow is not valid, and no expiation is required, because of the hadiths mentioned in the main text.

1524. As when one vows to slaughter a neighbor’s sheep or donate their car or demolish their house.

(A/SM & Iqnâ‘): Anyone who makes such a vow must not fulfill it but must still expiate, according to the madh-hab, as in Abu Dâwood’s report from Ibn ‘Abbâs. (a) + (-H, -M, -S): The vow is not valid, and no expiation is required because of the hadiths mentioned in the main text.

1525. Such as when one says, “It is upon me to do such-and-such if I did, or did not do, such-and-such.” The individual will not be bound to fulfill the oath but must expiate with the usual expiation for oaths.

All of this is because the Messenger of Allah (SA) said, “There is no (binding or valid) ¹⁵²⁶ vow to commit disobedience, and no (binding or valid) vow concerning that which the son of Adam does not possess,” ¹⁵²⁷ and, “There is no (binding or valid) vow except for an act seeking the pleasure of Allah, the Exalted.” ¹⁵²⁸

وَجْهُ اللَّهِ سُبْحَانَه"

If one combines in the vow an act of obedience with another act, he or she is only required to fulfill the act of obedience. This is due to the report of Ibn ‘Abbâs where he said, “The Messenger of Allah (SA) saw a man standing, so he asked about him. The people said, ‘This is Abu Isrâ’eel; he vowed not to speak, seek shade from the sun, or sit, and to fast.’ The Messenger of Allah (SA) said, ‘Go and tell him to speak, seek shade, and sit, but let him complete his fast.’” ¹⁵²⁹

وَإِنْ جَمَعَ فِي النَّذْرِ بَيْنَ الطَّاعَةِ وَغَيْرِهَا، فَعَلَيْهِ الْوَفَاءُ بِالطَّاعَةِ وَحْدَهَا لِمَا رَوَى ابْنُ عَبَّاسٍ قَالَ: "أَبْصَرَ رَسُوْلُ اللهِ رَجُلاً قاَئِمًا فِيْ الشَّمْسِ، فَسَأَلَ عَنْهُ، فَقَالُوْا: أَبُوْ إِسْرَائِيْلَ، نَذَرَ أَنْ يَقُوْمَ فِيْ الشَّمْسِ وَلاَ يَقْعُدَ وَلاَ يَسْتَظِلَّ وَلاَ يَتَكَلَّمَ، وَيَصُوْمَ، فَقَالَ: مُرُوهُ فَلْيَتَكَلَّمْ وَلْيَسْتَظِلَّ وليَقْعُدْ وَلْيُتِمَّ صَوْمَه."

One who makes an unspecified vow for Allah will owe an expiation like that for a broken oath. ¹⁵³⁰

وَإِنْ قَالَ: للهِ عَلَيَّ نَذْرٌ، وَلَمْ يُسَمِّهِ، فَعَلَيْهِ كَفَّارَةُ

1526. The words inserted are required for clarity. Since people do make such vows, the Prophet (SA) must not have meant there are none, but rather that they are not valid and not binding. If they are not valid, then there is no fulfillment or expiation required; if they are not binding, then fulfilling them is not (required/permitted), but one must still expiate. The disagreement over the required implication (dalâlat al-iqtiaḍâ’) is one of the causes of disagreement among the scholars. (A): The required insertion is ‘binding’.

1527. (N, Ma – from ‘Imrân ibn Ḥuṣayn. al-Albâni:S)

1528. (D – from Ibn ‘Amr through the chain of ‘Amr ibn Shu’ayb from his father from his grandfather. Controversial, but the majority considers it reliable)

1529. (B)

He or she will still need to expiate for all the vows they are not required to fulfill, but only once because they are treated as elements of one vow. (A/SM)

1530. Undefined Vow

يَمِيْنٍ.

Such as when someone says, “Upon me is a vow,” without identifying any act to be done. It was narrated that the Messenger of Allah (SA) said:

“The expiation of an undefined vow is (like) the expiation of an oath.” (T – from ‘Uqbah ibn ‘Âmir. T:RS; many other scholars of Hadith:W, but the report of Ibn ‘Abbâs corroborates it)

كَفَّارَةُ النَّذْرِ إِذَا لَمْ يُسَمَّ كَفَّارَةُ يَمِينٍ

Summary

If someone vows to perform an act of obedience that is not wâjib in Sharia, and this act is within their capacity, then the vow is valid and binding on them.

If someone makes a vow to do something that is impossible, or that is already wâjib in Sharia, the vow is invalid. (If it is wâjib, it still must be done, not because of the vow but because of its original obligation.)

A vow that does not fall under either of these two scenarios is considered valid but not binding (that is, fulfilling it is not required, even though it is legally consequential and requires expiation if not fulfilled), as when one vows to do something that is beyond their capacity or that concerns something not in their possession.
If one vows to do a permissible act, he or she may either do it or expiate. If the act is makrooh, one may still do it or expiate, although it is encouraged to expiate and avoid it. If it is haram, one must avoid it and expiate. If the vow is for lajâj (encouragement or deterrence) or made in a state of anger, one may either fulfill it or expiate. The same is true whenever an oath is intended. Finally, an undefined vow makes an expiation binding. The expiation of any of these vows is like that of an oath.

Book of Oaths

( Page : no 140)

The Book of Oaths

النَّذْرِ

Introduction

The Book of Purification

The Book of Prayer

The Book of Funerals

The Book of Fasting

The Book of Hajj and 'Umrah

Book of Zakat

The Book of Selling and Commercial Transactions

The Book of Bequests

The Book of Inheritance

The Book of Marriage

The Book of Divorce

The Book of Sadaq

The Book of Dhihar

The Book of Lian

The Book of Foods

The Book of Oaths

Book of Fatal and Non-Fatal Assault

The Book of Indemnities

The Book of Hudood

The Book of Jihad

The Book of the Judiciary

The Book of Testimonies

Appendix

Glossary

Book of Oaths