Intending to swear an oath but not actually swearing it
Machine translationRead the Arabic original
Fatwa number ( 20343 )
Q: My daughter swore that she would fast for two months if she got a divorce from her husband, since her husband was not committed to the religion. The divorce took place more than 8 years ago. She has been fasting two days every week—namely, Thursday and Friday—because she is a teacher, and she has fasted 15 days in a non-consecutive manner. Our question is: Is it permissible for her to fast in this irregular way, and is it permissible to pay a fidyah (ransom payment) for each day, given that she is in good health? Since the question did not clarify whether this woman swore using the wording of an oath (yamin) or the wording of a vow (nadhr), His Eminence the Grand Mufti directed her father to provide clarification.
The woman sent a letter numbered 78/2 dated 7/2/1419 AH, to clarify what was mentioned. Then the answer came from her father, stating: “We inform you, Your Eminence, that my daughter did not swear using the wording, but rather she intended the intention of an oath, not a vow, neither in intention nor in wording. Rather, she intended to fast for two months and says that she did not specify whether she would fast them consecutively or in a non-consecutive manner. However, she says that her goal is to fast them in a non-consecutive way. Knowing that she has fasted fifteen non-consecutive days, our question to you, O Noble One, is: Is it permissible for her to pay the fidyah for the remainder, or is what she fasted from the oath considered void and she must fast two consecutive months, or should she continue as she is, fasting whenever she gets the opportunity until she completes what she intended in her intention of the oath?
A: If the reality is as stated, that your daughter did not utter an oath or a vow, but only intended the intention of an oath—meaning the oath—in her heart alone, then she owes nothing. This is because an oath is not established except by swearing verbally in the name of Allah, or by one of His attributes, or the like. Therefore, nothing is incumbent upon her merely by this intention. What indicates this is what is authentic from the Prophet (peace and blessings be upon him), as narrated by Abu Hurayrah (may Allah be pleased with him), who said: The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2528 And in another narration: This hadith was recorded by al-Bukhari and Muslim in their (Sahihayn), and it was narrated by Imam Ahmad , al-Tirmidhi , and Ibn Majah , among others. Accordingly, your daughter is not required to fast, because nothing occurred from her that would obligate an oath or a vow. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My daughter swore that she would fast for two months if she got a divorce from her husband, since her husband was not committed to the religion. The divorce took place more than 8 years ago. She has been fasting two days every week—namely, Thursday and Friday—because she is a teacher, and she has fasted 15 days in a non-consecutive manner. Our question is: Is it permissible for her to fast in this irregular way, and is it permissible to pay a fidyah (ransom payment) for each day, given that she is in good health? Since the question did not clarify whether this woman swore using the wording of an oath (yamin) or the wording of a vow (nadhr), His Eminence the Grand Mufti directed her father to provide clarification.
The woman sent a letter numbered 78/2 dated 7/2/1419 AH, to clarify what was mentioned. Then the answer came from her father, stating: “We inform you, Your Eminence, that my daughter did not swear using the wording, but rather she intended the intention of an oath, not a vow, neither in intention nor in wording. Rather, she intended to fast for two months and says that she did not specify whether she would fast them consecutively or in a non-consecutive manner. However, she says that her goal is to fast them in a non-consecutive way. Knowing that she has fasted fifteen non-consecutive days, our question to you, O Noble One, is: Is it permissible for her to pay the fidyah for the remainder, or is what she fasted from the oath considered void and she must fast two consecutive months, or should she continue as she is, fasting whenever she gets the opportunity until she completes what she intended in her intention of the oath?
A: If the reality is as stated, that your daughter did not utter an oath or a vow, but only intended the intention of an oath—meaning the oath—in her heart alone, then she owes nothing. This is because an oath is not established except by swearing verbally in the name of Allah, or by one of His attributes, or the like. Therefore, nothing is incumbent upon her merely by this intention. What indicates this is what is authentic from the Prophet (peace and blessings be upon him), as narrated by Abu Hurayrah (may Allah be pleased with him), who said: The Prophet (peace and blessings be upon him) said:
Allah has accepted my invocation to forgive what whispers in the hearts of my followers, unless they put it to action or utter it.
إن الله تجاوز لي عن أمتي ما وسوست به صدورها ما لم تعمل أو تتكلمWhat their hearts whisper
ما حدثت بها أنفسها
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.