Is a vow of disobedience binding?
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The Shaykh : Well, we are left with the vow of disobedience. We said it is not fulfilled, as the Messenger of Allah (peace and blessings be upon him) said: Sunan Abi Dawud 3313Sahih (Al-Albani) But is it obligatory for him to pay an expiation? Or does he not pay an expiation? There is a disagreement among the scholars on this issue. Some said: He does not fulfill the vow of disobedience, and he must pay the expiation for an oath, because he made a vow and did not fulfill it; so if one makes a vow and does not fulfill it, let him pay an expiation. Others said: It is not obligatory for him to pay the expiation for an oath, because Allah the Exalted only mentioned [the expiation] because the Prophet (peace and blessings be upon him) only mentioned: Sunan Ibn Majah 2126Sahih (Darussalam) However, the well-known position in the school of Imam Ahmad is that he pays the expiation for an oath. They cited as evidence a hadith reported in the *Sunan* that the Prophet (peace and blessings be upon him) ordered that the expiation for an oath be paid for a vow of disobedience. This is the safest course; if he pays the expiation, it is safer, especially since there is a benefit in returning to it. One makes a vow of disobedience. Yes, the hadith is weak. Yes, the hadith is weak.
The student: ...
The Shaykh : I say there is a disagreement on it. It is weak, and by Allah, the scholars differed regarding its authenticity; they differed regarding its grading as good... But some hold the second opinion, saying: He does not pay an expiation, and they weaken the hadith.
And regarding His saying:Sunan an-Nasa'i 3850Sahih (Darussalam) Yes, Sahih Ibn Hibban 21:17 What is an example of what one does not possess? What one does not possess can have two meanings: one is what one does not have the legal right to do, and the other is what one does not have the physical ability to do. Everyone does not possess [the ability to do] it.
What one does not have the legal right to do is like if someone said: "I have a vow to Allah to free so-and-so's slave." Is that valid? Because he does not possess [the right to do it], and even if he freed him, he would not be freed. And what one does not have the physical ability to do is if he said: "I have a vow to Allah to fly from Unaizah to Riyadh." He does not fly by airplane, but with his hands. Does he possess the ability to do this or not? He does not possess it. No one flies with their hands from here to Riyadh. Well, if he said: "I have a vow to Allah to ascend to the sky," it is the same. This is why the jurists use the impossible as an example for this. Yes, but in any case, now flying by means [of aircraft] is known to be possible. Yes.
The student: If Allah wills by His decree...
The Shaykh : Yes, yes.
The student: ... .
The Shaykh : ...ignorantly
The student: ...
The Shaykh : ...verified and scrutinized. Did this issue not pass through us?
The student: ... No, no. We said: Is the preposition and its object itself the predicate, or is the predicate attached to the preposition and its object? We said there is a disagreement among some scholars. Some say: The preposition and its object itself is the predicate; the preposition itself, if it is a preposition, is the predicate. And some say: The predicate is omitted, and this is attached to it... Whether we say that this is the omitted predicate or that it indicates the predicate, we said... it is permissible. Yes. Well, it is derived from the hadith what the author cited for the purpose of, which is that one does not slaughter in a place where slaughter is performed for other than Allah. The wisdom behind this is two things:
The first is that it leads to imitating these disbelievers.
The second is that it leads to being deceived by this act, because whoever sees you slaughter in a place where the polytheists slaughter will assume that the act of the polytheists is permissible and valid, and therefore so-and-so slaughtered there. So there are two prohibitions: the first prohibition is that it leads to imitating them, if it is not already imitation; and the second is that it leads to being deceived by their act, because whoever sees you slaughter in this place assumes that this act is valid. And there is no doubt that this is forbidden.
Then, there is also a third prohibition in it, which is: that these polytheists will be strengthened in their act if they see someone doing like them. And there is no doubt that strengthening the polytheists is among the prohibited matters. For Allah says:[At-Tawbah 9:120] So, angering the disbelievers is among the righteous deeds that Allah Mighty and Majestic loves. Yes, saying.
The student: ... .
The Shaykh : Yes, yes. There is a disagreement on the subject; there is a disagreement.
The student: ... the vow of the [unattainable]...
The Shaykh : He does not pay an expiation if it is a vow regarding something he is able to do. But for example, an illness... Well.
The student: ... .
The Shaykh : Yes, yes. Yes, it is obligatory for him to fast.
a vow to do an act of disobedience to Allah must not be fulfilled
لا وفاء لنذر في معصية اللهand whoever vows to disobey Allah, let him not disobey Him.
ومن نذر أن يعصي الله فلا يعصهThe student: ...
The Shaykh : I say there is a disagreement on it. It is weak, and by Allah, the scholars differed regarding its authenticity; they differed regarding its grading as good... But some hold the second opinion, saying: He does not pay an expiation, and they weaken the hadith.
And regarding His saying:
or with regard to that which the son of Adam does not possess.
ولا فيما لا يملك ابن آدمAnd there is no fulfillment of a vow in what the son of Adam does not possess.
ولا وفاء لنذر فيما لا يملك ابنُ آدمWhat one does not have the legal right to do is like if someone said: "I have a vow to Allah to free so-and-so's slave." Is that valid? Because he does not possess [the right to do it], and even if he freed him, he would not be freed. And what one does not have the physical ability to do is if he said: "I have a vow to Allah to fly from Unaizah to Riyadh." He does not fly by airplane, but with his hands. Does he possess the ability to do this or not? He does not possess it. No one flies with their hands from here to Riyadh. Well, if he said: "I have a vow to Allah to ascend to the sky," it is the same. This is why the jurists use the impossible as an example for this. Yes, but in any case, now flying by means [of aircraft] is known to be possible. Yes.
The student: If Allah wills by His decree...
The Shaykh : Yes, yes.
The student: ... .
The Shaykh : ...ignorantly
The student: ...
The Shaykh : ...verified and scrutinized. Did this issue not pass through us?
The student: ... No, no. We said: Is the preposition and its object itself the predicate, or is the predicate attached to the preposition and its object? We said there is a disagreement among some scholars. Some say: The preposition and its object itself is the predicate; the preposition itself, if it is a preposition, is the predicate. And some say: The predicate is omitted, and this is attached to it... Whether we say that this is the omitted predicate or that it indicates the predicate, we said... it is permissible. Yes. Well, it is derived from the hadith what the author cited for the purpose of, which is that one does not slaughter in a place where slaughter is performed for other than Allah. The wisdom behind this is two things:
The first is that it leads to imitating these disbelievers.
The second is that it leads to being deceived by this act, because whoever sees you slaughter in a place where the polytheists slaughter will assume that the act of the polytheists is permissible and valid, and therefore so-and-so slaughtered there. So there are two prohibitions: the first prohibition is that it leads to imitating them, if it is not already imitation; and the second is that it leads to being deceived by their act, because whoever sees you slaughter in this place assumes that this act is valid. And there is no doubt that this is forbidden.
Then, there is also a third prohibition in it, which is: that these polytheists will be strengthened in their act if they see someone doing like them. And there is no doubt that strengthening the polytheists is among the prohibited matters. For Allah says:
nor do they tread on any ground that enrages the disbelievers, nor do they inflict upon an enemy any infliction but that is registered for them as a righteous deed
وَلا يَطَأُونَ مَوْطِئاً يُغِيظُ الْكُفَّارَ وَلا يَنَالُونَ مِنْ عَدُوٍّ نَيْلاً إِلَّا كُتِبَ لَهُمْ بِهِ عَمَلٌ صَالِحٌThe student: ... .
The Shaykh : Yes, yes. There is a disagreement on the subject; there is a disagreement.
The student: ... the vow of the [unattainable]...
The Shaykh : He does not pay an expiation if it is a vow regarding something he is able to do. But for example, an illness... Well.
The student: ... .
The Shaykh : Yes, yes. Yes, it is obligatory for him to fast.