Oath to sell the sheep or leave them with one of the Bedouins, and he did not do so
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Fatwa number ( 5301 )
Q: His mother likes tending the sheep, but it worsens her illness, andhe once swore by divorce that, if he lived, he would sell the sheep or leave them with one of the Bedouins, but he did nothing. However, there is a shepherd near his village with whom he will leave the sheep for four days so that he does not break his oath,and he asks: Is this duration sufficient? Since he did not specify a particular time.
A: You do not break your oath if you sell them or leave them with one of the Bedouins, according to your intention. If you do not do that, then what came from you, if you intended divorce by it, is one pronouncement of divorce. If you intended to urge yourself to sell them or leave them with one of the Bedouins, then your oath is one that requires expiation. The expiation for an oath is explained in the saying of Allah the Exalted:[Al-Ma'idah 5:89] the verse. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His mother likes tending the sheep, but it worsens her illness, andhe once swore by divorce that, if he lived, he would sell the sheep or leave them with one of the Bedouins, but he did nothing. However, there is a shepherd near his village with whom he will leave the sheep for four days so that he does not break his oath,and he asks: Is this duration sufficient? Since he did not specify a particular time.
A: You do not break your oath if you sell them or leave them with one of the Bedouins, according to your intention. If you do not do that, then what came from you, if you intended divorce by it, is one pronouncement of divorce. If you intended to urge yourself to sell them or leave them with one of the Bedouins, then your oath is one that requires expiation. The expiation for an oath is explained in the saying of Allah the Exalted:
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is 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. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths
لاَ يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
