The Ruling on the Oath of a Person Under Legal Restraint
Machine translationRead the Arabic original
Question : And if he swears an oath, his oath is valid because he is a person of legal responsibility. He expiates for it by fasting because he is prevented from disposing of water, so he is like a slave. And if he is made to swear an oath,
Answer : that his oath is valid, yes, that is correct. But that he expiates by fasting while he has the ability to pay with money is not correct. The correct ruling is that he expiates with money, because Allah the Exalted said:[Al-Ma'idah 5:89] So the correct ruling is that he expiates with money. Yes, if we know that this spendthrift is one who swears oaths frequently, always swearing, swearing, swearing, then it might be said that he should be placed under legal restraint and his spending restricted so that he does not return to swearing a second time.
Answer : that his oath is valid, yes, that is correct. But that he expiates by fasting while he has the ability to pay with money is not correct. The correct ruling is that he expiates with money, because Allah the Exalted said:
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
فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَن لَّمْ يَجِدْ
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4639] حكم يمين المحجور عليه - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.