The Book of Oaths

Expiation of Oaths

كَفَّارَةِ الْيَمِيْنِ

Stations

Glossary

Expiation of Oaths

The expiation (for the breached oath) is by {…the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. ¹⁵⁴⁹ But whoever cannot find [or afford] it – then a fast of three days [is required]… ¹⁵⁵⁰ } (al-Mâ’idah 5: 89)

مَنْ نَذَرَ طَاعَةً، لَزِمَهُ فِعْلُهَا؛ لِقَوْلِ رَسُوْلِوَكَفَّارَتُهَا: "إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ ۖ فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ" [سورة المائدة: الآية 89]

He is free to expiate before or after breaching the oath. This is because the Messenger of Allah (SA) said, “He who took an oath, but found something else better than that, should expiate for his oath and do that which is better.” ¹⁵⁵¹ It was also

وَهُوَ مُخَيَّرٌ بَيْنَ تَقْدِيْمِ الْكَفَّارَةِ عَلَى الْحِنْثِ وَتَأْخِيْرِهَا عَنْهُ؛ لِقَوْلِ رَسُوْلِ اللهِ : "مَنْ حَلَفَ عَلَى يَمِينٍ فَرَأَى غَيْرَهَا خَيْرًا مِنْهَا فَلْيُكَفِّرْ

1549. Must One Feed Ten Poor Persons?

(A) + (+M, +S): He must feed or clothe ten poor people.

(a) + (-H): It is allowable to feed one poor person once a day for ten days.

Is Giving the Value of Food or Clothes Acceptable?

(A) + (+M, +S): The value of the food or clothes is not an acceptable substitute.

(-H): It is acceptable.

Can One Give This Expiation to Non-Muslims?

(A) + (+M, +S): Only to Muslims.

(-H): May also be given to non-Muslim subjects of the Muslim state (dhimmis).

1550. The Consecutiveness of the Fast

(A) + (+H, +s): The three days must be fasted consecutively because when Ibn Mas‘ood (RA) recited this verse, he clarified it for his students by adding the word ‘consecutive’ as commentary; he said:

“Then a fast of three (consecutive) days” (is required).

فصيام ثلاثة أيام (متتابعات)

(A) + (+H): Ibn Mas‘ood’s addition of ‘consecutive’ is considered ḥujjah (proof) because they assume that he heard that interpretation from the Prophet (SA).

(s): The obligation is established through analogy to other expiatory fasting, such as in dhihâr.

(-M, -S): Consecutiveness is preferred, not wâjib. They argued that this interpretation by Ibn Mas‘ood is not part of the Qur’an, nor is it clear that it was transmitted from the Prophet (SA).

1551. (M – from Abu Hurayrah)

reported, “…should do that which is better and expiate for his oath.” ¹⁵⁵²

وَلْيَأْتِ الَّذِي هُوَ خَيْر‏" وروي "فَلْيَأْتِ الَّذِي هُوَ خَيْرٌ وَلْيُكَفِّرْ عَنْ يَمِينِهِ".

The clothing required for expiation is that in which salât will be valid: for the man, a single garment; for the woman, a dress and a khimâr (headscarf worn as part of the hijab). ¹⁵⁵³ It is sufficient for one to feed five poor persons and clothe five. Emancipating half of a slave and feeding or clothing five persons is not sufficient; the same is true for emancipating one-half of two slaves. ¹⁵⁵⁴

وَيُجْزِئُهُ فِي الْكِسْوَةِ مَا تَجُوْزُ الصَّلاَةُ فِيْهِ، لِلرَّجُلِ ثَوْبٌ، وَلِلْمَرْأَةِ دِرْعٌ وَخِمَارٌ، وَيُجْزِئُهُ أَنْ يُطْعِمَ خَمْسَةَ مَسَاكِيْنَ، وَيَكْسُوَ خَمْسَةً. ولَوْ أَعْتَقَ نِصْفَ رَقَبَةٍ أَوْ أَطْعَمَ خَمْسَةً، أَوْ كَسَاهُمْ، أَوْ أَعْتَقَ نِصْفَ عَبْدَيْنِ، لَمْ يُجْزِئْهُ.

The slave expiates by fasting only; likewise for anyone who cannot find the means to expiate after providing sustenance for himself and his dependents, and paying his debts. He is not required to sell for that anything he needs, such as his home, servant, or furniture, as

وَلاَ يُكَفِّرُ الْعَبْدُ إِلاَّ بِالصِّيَامِ، وَيُكَفِّرُ بِالصَّوْمِ مَنْ لَمْ يَجِدْ مَا يُكَفِّرُ بِهِ، فَاضِلاً عَنْ مُؤْنَتِهِ، وَمُؤْنَةِ عِيَالِهِ وَقَضَاءِ دَيْنِهِ. وَلاَ يَلْزَمُهُ أَنْ يَبِيْعَ فِيْ ذٰلِكَ شَيْئًا يَحْتَاجُ إِلَيْهِ مِنْ مَسْكَنٍ،

1552. (M – from Abu Hurayrah)

1553. Food Type and Amount

(A): As for feeding, he must give two mudd(s) of any of the food staples that are permitted to give for zakat al-fiṭr; one mudd of wheat also suffices. (One mudd is the fill of the two hands of an average adult, which is approximately 0.51-0.75 liters.) (a) + (-t): Imam Ibn Taymiyah argued that varying reports from the Companions indicated that they gave any type of food they used to eat. He ruled that feeding ten people from the average food consumed by the one expiating is sufficient; this is also the apparent interpretation of the verse.

1554. Mixing Two Forms of Expiation

The verse above gives a choice among feeding, clothing and emancipation. Fasting is in a different category and is only valid when one cannot afford one of the first three options. Therefore, only feeding and clothing may be combined and substituted for each other, so one can feed three poor people and clothe seven, for example.

(a): Emancipation may not be halved, per the text above, so freeing 1/2 of two slaves does not suffice, as indicated above.

(A/SM & Iqnâ‘): It does suffice.

well as books and utensils. The same is true concerning merchandise he relies on for a needed profit.

وَخَادِمٍ، وَأَثاَثٍ، وَكُتُبٍ، وَآنِيَةٍ، وَبِضَاعَةٍ يَخْتَلُّ رِبْحُهَا الْمُحْتَاجُ إِلَيْهِ.

Someone who becomes solvent after starting the fast is not required to switch to another form of expiation. One who can find only one poor person should give him food daily for ten days.

وَمَنْ أَيْسَرَ بَعْدَ شُرُوْعِهِ فِيْ الصَّوْمِ، لَمْ يَلْزَمْهُ اْلاِنْتِقَالُ عَنْهُ. وَمَنْ لَمْ يَجِدْ إِلاَّ مِسْكِيْنًا وَاحِدًا، رَدَّدَ عَلَيْهِ عَشَرَةَ أَيَّامٍ.

The Book of Crimes of Fatal and Non-Fatal Assault

كِتاَبُ الْجِنَاياَتِ

Unjustifiable killing ¹⁵⁵⁵ is divided into three types: ¹⁵⁵⁶

اْلقَتْلُ بِغَيْرِ حَقٍّ يَنْقَسِمُ ثَلاَثَةَ أَقْسَامٍ:

1555. Introduction

Despite the seriousness of murder, and the fact that the revelation has specified punishments for it and for lesser forms of manslaughter and bodily injuries, these are not considered ḥudood crimes. The Sharia considers ḥudood crimes to be violations of ḥuqooq Allâh (the rights of Allah) as opposed to violations of ḥuqooq al-‘ibâd (the rights of the servants), which include the human being’s right to physical safety. This distinction has practical consequences. For violations of ḥuqooq al-‘ibâd, the victim’s family (or the victim himself in the case of injuries) can choose between pressing and dropping charges and between pardoning the offender and accepting an indemnity. This is not true in the ḥudood crimes (except for the controversy over the ḥadd of qadhf). In qiṣâṣ, while the state oversees these litigations and carries out punishments, the charges are brought to court by the victim or the victim’s family. In the absence of family, “The authority (sultan) is the guardian of those who have no guardian.”
Empowering the victim’s relatives enables them to overcome their pain and grief. It also allows them to show forgiveness and graciousness, particularly since these crimes may involve many nuances and intricacies. They may also seek substantial compensation, which could be essential for their wellbeing, especially when a family has lost its breadwinner.

(a/ al-Aḥkâm as-Sulṭâniyah by Abu Ya‘lâ) + (-H, -M, -s): The state may still impose a ta‘zeer punishment even if the victim’s family pardons the murderer. (A) + (+S): The state has no right to do so.

Expiation of Oaths

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The Book of Oaths

Expiation of Oaths

كَفَّارَةِ الْيَمِيْنِ

Stations

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

The Book of Crimes of Fatal and Non-Fatal Assault

كِتاَبُ الْجِنَاياَتِ

Expiation of Oaths