A vow made by my father (may Allah have mercy on him), and he passed away before fulfilling it. Do I have to fulfill the vow, or is it dropped from me?
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The questioner : May Allah reward you. He says:The questioner : My father (may Allah have mercy on him) made a vow and passed away before fulfilling it. Do I have to fulfill the vow, or is it dropped from me? May Allah reward you with good.
The Shaykh : If the vow made by the father is a vow that is obligatory to fulfill, and it involves money, then it is obligatory for you to pay it from the estate before anything else, because a vow is a debt, and a debt takes precedence over inheritance and bequest. If it is a physical act, such as reciting the Qur'an or fasting, then it is good to make it up on his behalf. If you do not do so,[Al-An'am 6:164] and you are not required to make it up, in the sense that you would not be sinful if you did not make it up. However, the vow may not be obligatory to fulfill, as if he vowed to do something permissible, or vowed a vow intended as an oath. In that case, it is not obligatory for him to fulfill it.
An example of the first type—meaning a vow of something permissible—is if he says, "I have a vow upon me to Allah that I will wear this garment today." Pay attention: "I have a vow upon me to Allah that I will wear this specific garment today." Is wearing a specific garment obligatory? Answer, everyone?
The student: No.
The Shaykh : Is it a recommended practice?
The student: No.
The Shaykh : No, it is permissible. So we tell him, "You are now at your option. If you wish, wear the garment, and if you wish, do not wear it, and pay the expiation for an oath. If you wish, wear the garment, and if you wish, do not wear it, and pay the expiation for an oath." All right.
Likewise, if the vow is intended as an oath, he has the choice between performing the vowed act and paying the expiation for an oath. An example is if he says, "If I speak to so-and-so, I have a vow upon me to Allah to fast three days." If he speaks to so-and-so, he has the choice between fasting three days because he vowed it, and paying the expiation for an oath because its ruling is the ruling of an oath. So if he says, "I choose to fast them," what do we say? Answer, everyone?
The student: ...
The Shaykh : Fast. If he says, "I do not want to fast them," we say, "Feed ten poor people," which is the expiation for an oath. As for the vow he mentioned regarding his father, we do not know whether it is a vow of something permissible or a vow of worship, and you have understood the details of that. Yes.
The questioner : May Allah reward you. He says:The questioner : I have not yet performed the obligatory Hajj upon me...
The Shaykh : ...
The questioner : Shaykh, regarding the vow, this is a vow to slaughter a camel...
The Shaykh : A vow to slaughter a camel.
The questioner : To give it in charity. Yes.
The Shaykh : To give it in charity. So it must be taken from his money. If he has no money and his son wants to slaughter on behalf of his father, there is nothing wrong with that. Yes.
The Shaykh : If the vow made by the father is a vow that is obligatory to fulfill, and it involves money, then it is obligatory for you to pay it from the estate before anything else, because a vow is a debt, and a debt takes precedence over inheritance and bequest. If it is a physical act, such as reciting the Qur'an or fasting, then it is good to make it up on his behalf. If you do not do so,
and no bearer of burdens will bear the burden of another
فلا تزر وازرة وزر أخرىAn example of the first type—meaning a vow of something permissible—is if he says, "I have a vow upon me to Allah that I will wear this garment today." Pay attention: "I have a vow upon me to Allah that I will wear this specific garment today." Is wearing a specific garment obligatory? Answer, everyone?
The student: No.
The Shaykh : Is it a recommended practice?
The student: No.
The Shaykh : No, it is permissible. So we tell him, "You are now at your option. If you wish, wear the garment, and if you wish, do not wear it, and pay the expiation for an oath. If you wish, wear the garment, and if you wish, do not wear it, and pay the expiation for an oath." All right.
Likewise, if the vow is intended as an oath, he has the choice between performing the vowed act and paying the expiation for an oath. An example is if he says, "If I speak to so-and-so, I have a vow upon me to Allah to fast three days." If he speaks to so-and-so, he has the choice between fasting three days because he vowed it, and paying the expiation for an oath because its ruling is the ruling of an oath. So if he says, "I choose to fast them," what do we say? Answer, everyone?
The student: ...
The Shaykh : Fast. If he says, "I do not want to fast them," we say, "Feed ten poor people," which is the expiation for an oath. As for the vow he mentioned regarding his father, we do not know whether it is a vow of something permissible or a vow of worship, and you have understood the details of that. Yes.
The questioner : May Allah reward you. He says:The questioner : I have not yet performed the obligatory Hajj upon me...
The Shaykh : ...
The questioner : Shaykh, regarding the vow, this is a vow to slaughter a camel...
The Shaykh : A vow to slaughter a camel.
The questioner : To give it in charity. Yes.
The Shaykh : To give it in charity. So it must be taken from his money. If he has no money and his son wants to slaughter on behalf of his father, there is nothing wrong with that. Yes.