What is the ruling if one person compels another, and the other swears an oath to him, and then the other refuses, whether for a valid excuse or without one?
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The questioner : May Allah reward you, O honorable Shaykh. What is the ruling on the expiation if a person swears an oath to compel another person, meaning he says,
The Shaykh : ...?
The questioner : to compel a person.
The Shaykh : Yes.
The questioner : He swears by Allah that he will sit with him.
The Shaykh : Yes.
The questioner : But this person refuses, whether for a valid excuse or without one, and this happens often.
The Shaykh : Correct. First, we tell the person: do not swear an oath, because this puts your brother in a difficult position; either he must fulfill your oath under compulsion, or he must break your oath. So if it happens that you have sworn an oath, we tell the person upon whom the oath was sworn to fulfill his brother's oath, because it is the right of a Muslim over his Muslim brother to fulfill his oath. If he refuses, whether for a valid excuse or without one, if it is for a valid excuse, he is not to be blamed, and if it is without a valid excuse, he is to be blamed. As for the one who swore the oath, he owes the expiation for an oath.
The questioner : When is it obligatory?
The Shaykh : When the person upon whom the oath was sworn goes against it, he owes the expiation for the oath in all cases. Yes, that is correct.
The Shaykh : ...?
The questioner : to compel a person.
The Shaykh : Yes.
The questioner : He swears by Allah that he will sit with him.
The Shaykh : Yes.
The questioner : But this person refuses, whether for a valid excuse or without one, and this happens often.
The Shaykh : Correct. First, we tell the person: do not swear an oath, because this puts your brother in a difficult position; either he must fulfill your oath under compulsion, or he must break your oath. So if it happens that you have sworn an oath, we tell the person upon whom the oath was sworn to fulfill his brother's oath, because it is the right of a Muslim over his Muslim brother to fulfill his oath. If he refuses, whether for a valid excuse or without one, if it is for a valid excuse, he is not to be blamed, and if it is without a valid excuse, he is to be blamed. As for the one who swore the oath, he owes the expiation for an oath.
The questioner : When is it obligatory?
The Shaykh : When the person upon whom the oath was sworn goes against it, he owes the expiation for the oath in all cases. Yes, that is correct.