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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Explanation of the author's statement: "And it is recommended to break an oath if that is better"

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The Shaykh : The author (may Allah have mercy on him) said: "And it is recommended to break an oath if that is better". The breaking of the oath he referred to earlier is doing what one swore to leave off, or leaving off what one swore to do. So, a man says, "By Allah, I will not do this," and then comes to ask us, "What do you say? Is it better that I keep my oath and not do it, or is it better that I do it?" This is the issue. Another man says, "By Allah, I will definitely do this." This is the opposite of the first one; the first said, "By Allah, I will not do it," and the second said, "By Allah, I will definitely do it." Yes, or did you not understand? Fine. He said, "By Allah, I will definitely do this thing," and then comes to ask us, "Is it better that I do it or not do it?" This is the issue we are discussing now. We say: if breaking the oath is better, or if breaking it is better than not breaking it, then break it. And if not breaking it is better, or if the two are equal, then it is better not to break it; it is better to keep the oath. Is that clear? So, the issue does not fall outside of three cases: either breaking the oath is better, or not breaking it is better, or the two are equal. If breaking the oath is better, break it. And if not breaking it is better, right? Do not break it. And if the two are equal, one is given the choice, and it is better not to break it. Allah Blessed and Exalted is He said:
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths لا يؤاخذكم الله باللغو في أيمانكم ولكن يؤاخذكم بما عقدتم الأيمان
[Al-Ma'idah 5:89]
up to His saying:
And keep your oaths واحفظوا أيمانكم
"Do not break them." Leave them firm and preserved. Fine. As for when breaking the oath is better, the Prophet (peace and blessings be upon him) said:
By Allah, Allah willing, if I ever take an oath, and then see that another is better than the first, I make expiration for my (dissolved) oath, and do what is better and make expiration. إني والله إن شاء الله لا أحلف على يمين فأرى غيرها خيرا منها إلا كفّرت عن يميني وأتيت الذي هو خير
Sahih al-Bukhari 6718
And he said to 'Abd al-Rahman ibn Samurah:
If you swear an oath, then you see something better than it, then offer expiation for your oath, and do that which is better. إذا حلفت على يمين فرأيت غيرها خيرا منها فكفّر عن يمينك وائت الذي هو خير
Sunan an-Nasa'i 3784Sahih (Darussalam)
Do you understand? So, from his saying and his commitment (peace and blessings be upon him), it is established that if breaking the oath is better, then one breaks it. The goodness in breaking the oath is sometimes the goodness of an obligation, and sometimes the goodness of a voluntary act. If it is the goodness of an obligation, then breaking the oath is obligatory. And if it is the goodness of a voluntary act, then breaking the oath is voluntary. An example of the first: a man says, "By Allah, I will not pray with the congregation today." Yes, a poor soul. His father says to him, "Go pray, my son. The adhan has been called and you missed the congregation." He said, "By Allah, I will not pray with the congregation today." This is an oath to leave off an obligation. Is breaking the oath obligatory or not?

The questioner : It is obligatory.

The Shaykh : Breaking the oath is obligatory. He must now go and pray with the congregation and pay the expiation. Is that right? Fine. His father said to him, "My son, conclude your night prayer with witr." Witr is a recommended practice that the Messenger (peace and blessings be upon him) established by his saying and his doing. He said, "By Allah, I will not do witr." We say to him, right?

The questioner : ... .

The Shaykh : Breaking the oath. Now, the oath was to do a voluntary act, so we say breaking the oath is better for you than not breaking it, meaning breaking the oath is confirmed here. So we say, "Do witr, and then what? Pay the expiation for your oath." He was quarreling with his uncle over something. The man and his uncle were quarreling over something. He said, "By Allah, I will not speak to my uncle." This is boycotting a believer and severing family ties. Fine. What do we say to him?

The questioner : It is obligatory.

The Shaykh : Breaking the oath is obligatory, because performing the obligatory act depends on it. So, if performing the obligatory act depends on breaking the oath, then breaking the oath becomes obligatory. Fine. A man got angry at a person and said, "By Allah, I will split his head." Do you know what splitting means?

The questioner : ... .

The Shaykh : Right? It means hitting him with a stone until he is wounded. "By Allah, I will split his head." What do we say to him? Right?

The questioner : ... .

The Shaykh : Does he break the oath? Is it obligatory or not? It is obligatory, because leaving off the forbidden act depends on his breaking the oath. And if leaving off the forbidden act depends on breaking the oath, then breaking the oath becomes obligatory. Is that clear? Fine? Right?

The questioner : ... .

The Shaykh : Yes, yes, no, ... yes, because of the splitting. Subhan, the One who splits the dawn
Indeed, Allah is the cleaver of grain and date seeds إن الله فالق الحب والنوى
[Al-An'am 6:95]
. This is if he hits him on the head, the head splits. Yes. Fine. It is said: if... We mentioned that either breaking the oath is better, and the goodness is either the goodness of an obligation or the goodness of a voluntary act. Or not breaking the oath is the better course. In that case, we say do not break it. That is by swearing to do a forbidden act. Pay attention, I made a mistake, right?

The questioner : ... .

The Shaykh : Or swearing to leave off a forbidden act, or swearing to do an obligatory act. Breaking the oath here is forbidden. An example of that: they said, "By Allah, I will pray with the congregation." His father is a man who is not good. He says, "My son, do not go pray. Sit in the house." Yes. He said, "By Allah, I will pray with the congregation." What is the ruling on breaking the oath now?

The questioner : ... .

The Shaykh : What do you say, Fahd? Fine. It is forbidden. Breaking the oath is forbidden.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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