Explanation of the author's statement: "Chapter on Vows: A vow is not valid except from a mature person of sound mind, even if he is a disbeliever"
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The Shaykh : Then the author said "Chapter on Vows". Linguistically, a vow (nadhr) is making something binding. It is said, "I have vowed this upon myself," meaning I have made it binding. So in language, it is making something binding. As for in the Shari'ah, it is a specific type of making something binding: it is obliging oneself to do something that is not impossible, something one owns that is not impossible. It is the one who is obligated (mukallaf) obliging himself to do something he owns that is not impossible. It is established by speech, and it does not have a specific formula. Rather, anything that indicates commitment is a vow, whether one says, "I have a covenant with Allah," or "I have a vow with Allah," or something similar that indicates commitment, such as, "It is upon me for the sake of Allah to do such and such," even if he did not use the word vow or covenant. If he says, "It is upon me for the sake of Allah to do such and such," then what is a vow in language? Making something binding. And in the Shari'ah, it is the mukallaf obliging himself to do something he owns that is not impossible. It is established by anything that indicates it, meaning by anything that indicates obligation. The ruling on a vow is that it is disliked (makruh). In fact, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) inclined toward its prohibition (tahrim) because the Prophet (peace and blessings be upon him) and he said, As for fulfilling it, it is divided into sections that will come, if Allah wills. They will come to show that fulfilling it is divided into five sections.
The author (may Allah have mercy on him) said, yes. We said obliging a mukallaf. Who is the mukallaf? The mature person of sound mind. So if a boy who has not reached maturity says, "I have a vow with Allah to do such and such," then the vow is not established, because the minor is not qualified to make something binding in the Shari'ah, because the pen has been lifted from him. And with this, it is necessary that he be a mukallaf. All right. If he vows something he does not own, then the vow is not established, due to the saying of the Prophet (peace and blessings be upon him)Sunan Ibn Majah 2124Sahih (Darussalam) Do you know? If he vows to free a free person, it is not established. Why? Because this is an impossible thing. If he vows to fly, it is not established because it is impossible. All right.
The author said "It is not valid except from a mature person of sound mind", yes. What is the evidence? And it is required, he said "Even if he is a disbeliever". We stop at this.
The discussions were completed in the first chapter, and we began the chapter on vows. So what is a vow, Ayyam?
... (may Allah have mercy on him) "Even if he is a disbeliever". This is a reference to a disagreement, and I think it was explained previously. ... All right. His statement "Even if he is a disbeliever" means that even if the one who vows is a disbeliever, his vow is established. If he fulfills it while he is a disbeliever, his liability is cleared. And if he does not fulfill it, he is obligated to fulfill it after his Islam, because 'Umar ibn al-Khattab (may Allah be pleased with him) asked the Prophet (peace and blessings be upon him) and said, "I vowed to perform i'tikaf (spiritual retreat) for a night, or he said a day, in the Sacred Mosque in the pre-Islamic age of ignorance". So the Prophet (peace and blessings be upon him) said to him,. The command here is for obligation, and the obligation to fulfill his vow is a branch of its validity, because if it were not valid, fulfilling it would not be obligatory. So the obligation to fulfill is a branch of validity.
And his statement "Even if he is a disbeliever" is a reference to a disagreement, but the correct view is what the author (may Allah have mercy on him) adopted, due to the hadith of 'Umar.
He forbade vowing
نهى عن النذرIt does not bring good, and it does not avert a decree
إنه لا يأتي بخير وإنه لا يرد قدراThe author (may Allah have mercy on him) said, yes. We said obliging a mukallaf. Who is the mukallaf? The mature person of sound mind. So if a boy who has not reached maturity says, "I have a vow with Allah to do such and such," then the vow is not established, because the minor is not qualified to make something binding in the Shari'ah, because the pen has been lifted from him. And with this, it is necessary that he be a mukallaf. All right. If he vows something he does not own, then the vow is not established, due to the saying of the Prophet (peace and blessings be upon him)
no vow concerning that which the son of Adam does not possess
لا نذر فيما لا يملك ابن ءادمThe author said "It is not valid except from a mature person of sound mind", yes. What is the evidence?
The pen has been lifted from three: the minor until he grows up, the insane person until he regains his sanity, and the sleeping person until he wakes up
رُفِع القلم عن ثلاثة، الصغير حتى يكبر والمجنون حتى يفيق والنائم حتى يستيقظThe discussions were completed in the first chapter, and we began the chapter on vows. So what is a vow, Ayyam?
... (may Allah have mercy on him) "Even if he is a disbeliever". This is a reference to a disagreement, and I think it was explained previously. ... All right. His statement "Even if he is a disbeliever" means that even if the one who vows is a disbeliever, his vow is established. If he fulfills it while he is a disbeliever, his liability is cleared. And if he does not fulfill it, he is obligated to fulfill it after his Islam, because 'Umar ibn al-Khattab (may Allah be pleased with him) asked the Prophet (peace and blessings be upon him) and said, "I vowed to perform i'tikaf (spiritual retreat) for a night, or he said a day, in the Sacred Mosque in the pre-Islamic age of ignorance". So the Prophet (peace and blessings be upon him) said to him,
Fulfill your vow
أوف بنذركAnd his statement "Even if he is a disbeliever" is a reference to a disagreement, but the correct view is what the author (may Allah have mercy on him) adopted, due to the hadith of 'Umar.
