Explanation of the author's statement: "The third: breaking his oath by doing what he swore to leave off, or by leaving off what he swore to do, while willing and remembering"
Machine translationRead the Arabic original
The Shaykh : He says "The third: breaking his oath". The origin of *hanth* (breaking an oath) is sin, and from this is the saying of Allah the Exalted [Al-Waqi'ah 56:46] meaning regarding the great sin. However, here it is not a sin, because among the mercy of Allah for His servants is that He granted them a dispensation in breaking the oath. Otherwise, the original ruling is that breaking it is a sin and forbidden. But Allah granted His servants a dispensation in breaking the oath. The author explained *hanth* here because we have *hanth* in the Arabic language meaning sin, and *hanth* in technical terminology in the chapter of oaths, meaning by doing what he swore to leave off, or by leaving off what he swore to do. Give us an example, Hamad? Doing what he swore to leave off, for example? Doing what he swore to leave off?
The questioner : ... .
The Shaykh : No, ... the second thing, ... make it something permissible.
The questioner : ... .
The Shaykh : I do not wear this garment, and then I wore it. Okay, this is doing what he swore to leave off. Okay, 'Abd Allah, leaving off what he swore to do?
The questioner : ... .
The Shaykh : By Allah, I will wear this garment, and then he did not wear it. Okay, for example, he says, "Expiate?" He said, "By Allah, I will wear this garment," and he did not wear it. When does he expiate?
The questioner : ... .
The Shaykh : No, leave the madhhab (school of jurisprudence) alone until we reach the madhhab and others.
The questioner : ... .
The Shaykh : We finished with the first one. If he says, "By Allah, I will wear this garment," we tell him, "After an hour, expiate." He says, "The time has not passed yet; I did not specify this hour." When do we know that the man has broken his oath?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : I mean, for example, he said, "I will wear it," wear it, wear it.
The questioner : ... .
The Shaykh : We say that if he specified it with a time, right? ... He said, "By Allah, I will wear this garment today," and the sun set and he did not wear it, so the expiation became obligatory upon him because he broke his oath. Or, "By Allah, I will wear this garment when so-and-so arrives, to adorn myself with it," and so-and-so arrived, and he remained in his first garments. Does he break his oath or not?
The questioner : ... .
The Shaykh : He breaks his oath. But if he left it unspecified, we do not know that he breaks his oath, either the garment tears and is ruined, or this man dies, because he did not specify it with a time. And for this reason, when 'Umar said to the Prophet (peace and blessings be upon him) "Did you not tell us that we would come to the House and circumambulate it?" he said he said "No" he said Sunan al-Bayhaqi 16:1372 When did he say that? At the Treaty of Hudaybiyyah, a year before he came to it. Okay.
The author says "or by leaving off what he swore to do, while willing and remembering", yes?
The questioner : ... .
The Shaykh : And what is it?
The questioner : ... .
The Shaykh : Doing what he swore to leave off.
The questioner : ... .
The Shaykh : He said, "By Allah, I will not wear this garment," and he wore it. And the second is leaving off what he swore to do, for example, "By Allah, I will wear this garment," and he did not wear it ... .
The author says "while willing and remembering". Willing is the opposite of coerced, and remembering is the opposite of forgetting. If he was coerced, meaning he broke his oath under coercion, then there is no expiation upon him. For example, the son says to his father, "By Allah, I will not wear this kurtah; this kurtah is not nice. By Allah, I will not wear it." He said, "By Allah, you will wear it, and you are a donkey," yes, and he forced him. He said, "By Allah, I will not wear it." He said, "No, wear it, or I will do such and such," yes, and he threatened him, so the boy wore it, right? Coerced?
The questioner : Coerced.
The Shaykh : Okay, is there anything upon him?
The questioner : ... .
The Shaykh : There is nothing upon him because he wore it under coercion, and the evidence is what has preceded. No question, okay. This is coerced. Forgetting: the man said, "By Allah, I will not look into this book today." He was confused by a difficult issue and got stuck in it. He drank his tea and it did not help, and he took stimulants and it did not help. He said, "By Allah, I will not review this issue today." Do you understand? The man left, stood up, then forgot. He came back and started looking into the book while forgetting, right?
The questioner : ... .
The Shaykh : Is there nothing upon him? Why?
The questioner : ... .
The Shaykh : Because he was forgetting. But note that when the excuse is removed, the coercion in the first issue and the forgetting in the second issue, when the excuse is removed, it is obligatory upon him to abandon it, otherwise he breaks his oath, because when the excuse is removed, its consequence is removed. Okay.
And they used to persist in the great violation,
وكانوا يُصرّون على الحنث العظيمThe questioner : ... .
The Shaykh : No, ... the second thing, ... make it something permissible.
The questioner : ... .
The Shaykh : I do not wear this garment, and then I wore it. Okay, this is doing what he swore to leave off. Okay, 'Abd Allah, leaving off what he swore to do?
The questioner : ... .
The Shaykh : By Allah, I will wear this garment, and then he did not wear it. Okay, for example, he says, "Expiate?" He said, "By Allah, I will wear this garment," and he did not wear it. When does he expiate?
The questioner : ... .
The Shaykh : No, leave the madhhab (school of jurisprudence) alone until we reach the madhhab and others.
The questioner : ... .
The Shaykh : We finished with the first one. If he says, "By Allah, I will wear this garment," we tell him, "After an hour, expiate." He says, "The time has not passed yet; I did not specify this hour." When do we know that the man has broken his oath?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : I mean, for example, he said, "I will wear it," wear it, wear it.
The questioner : ... .
The Shaykh : We say that if he specified it with a time, right? ... He said, "By Allah, I will wear this garment today," and the sun set and he did not wear it, so the expiation became obligatory upon him because he broke his oath. Or, "By Allah, I will wear this garment when so-and-so arrives, to adorn myself with it," and so-and-so arrived, and he remained in his first garments. Does he break his oath or not?
The questioner : ... .
The Shaykh : He breaks his oath. But if he left it unspecified, we do not know that he breaks his oath, either the garment tears and is ruined, or this man dies, because he did not specify it with a time. And for this reason, when 'Umar said to the Prophet (peace and blessings be upon him) "Did you not tell us that we would come to the House and circumambulate it?" he said
Did you kill for me this year?
أقتلت لك هذا العام؟You will come to it and circumambulate it
إنك ءاتيه ومُطّوّف بهThe author says "or by leaving off what he swore to do, while willing and remembering", yes?
The questioner : ... .
The Shaykh : And what is it?
The questioner : ... .
The Shaykh : Doing what he swore to leave off.
The questioner : ... .
The Shaykh : He said, "By Allah, I will not wear this garment," and he wore it. And the second is leaving off what he swore to do, for example, "By Allah, I will wear this garment," and he did not wear it ... .
The author says "while willing and remembering". Willing is the opposite of coerced, and remembering is the opposite of forgetting. If he was coerced, meaning he broke his oath under coercion, then there is no expiation upon him. For example, the son says to his father, "By Allah, I will not wear this kurtah; this kurtah is not nice. By Allah, I will not wear it." He said, "By Allah, you will wear it, and you are a donkey," yes, and he forced him. He said, "By Allah, I will not wear it." He said, "No, wear it, or I will do such and such," yes, and he threatened him, so the boy wore it, right? Coerced?
The questioner : Coerced.
The Shaykh : Okay, is there anything upon him?
The questioner : ... .
The Shaykh : There is nothing upon him because he wore it under coercion, and the evidence is what has preceded. No question, okay. This is coerced. Forgetting: the man said, "By Allah, I will not look into this book today." He was confused by a difficult issue and got stuck in it. He drank his tea and it did not help, and he took stimulants and it did not help. He said, "By Allah, I will not review this issue today." Do you understand? The man left, stood up, then forgot. He came back and started looking into the book while forgetting, right?
The questioner : ... .
The Shaykh : Is there nothing upon him? Why?
The questioner : ... .
The Shaykh : Because he was forgetting. But note that when the excuse is removed, the coercion in the first issue and the forgetting in the second issue, when the excuse is removed, it is obligatory upon him to abandon it, otherwise he breaks his oath, because when the excuse is removed, its consequence is removed. Okay.