Explanation of the author's statement: "The fourth: a vow of disobedience, such as drinking intoxicants, fasting on the day of menstruation, or the day of sacrifice; fulfilling it is not permissible, and expiation is required."

The Shaykh :"The fourth: a vow of disobedience" means vowing to commit a sin against Allah (Mighty and Majestic). The author gave as an example, saying "such as drinking intoxicants." A person vows to drink intoxicants. I seek refuge in Allah. This is a vow of disobedience. So he comes to drink intoxicants, and we tell him, "Fear Allah. This is forbidden, and whoever drinks intoxicants in this world will not drink it in the Hereafter." He says, "I made a vow." We tell him that the Prophet (peace and blessings be upon him) said . Yes, so fulfilling it is not permissible. He said, "I have a vow upon me to strike so-and-so without a reason," right?

The questioner : A sin.

The Shaykh : A sin. We say, "Expiate it and do not do it." Okay. If the other person says, "I will not oppose you, strike me," right?

The questioner : ... .

The Shaykh : He might say, right?

The questioner : That is his right.

The Shaykh : He has waived his right, but originally it is a vow of disobedience. Okay.
The author (may Allah have mercy on him) says, "such as drinking intoxicants and fasting on the day of menstruation". A woman says, "I have a vow upon me to fast on the first day of my menstruation." We say this is forbidden, because it is forbidden for a menstruating woman to fast by the consensus of the Muslims, based on the saying of the Messenger (peace and blessings be upon him) . So we tell this woman that she cannot fast on the day of menstruation.
A third example. He said, "and the day of sacrifice". He said, "I have a vow upon me to fast on the day of sacrifice," ... This is forbidden. A sin?

The questioner : ... .

The Shaykh : Okay. Is there a phrase broader than the author's "the day of sacrifice"?

The questioner : ... .

The Shaykh : The days of the two festivals, because the day of 'Id al-Fitr is like the day of sacrifice, and there are other days on which fasting is forbidden?

The questioner : The days of Tashriq.

The Shaykh : The days of Tashriq. The point is, if one vows to fast on a day on which fasting is forbidden, this is a vow of disobedience, so fulfilling it is not permissible. Okay. He vows not to speak to his uncle.

The questioner : ... .

The Shaykh : A sin?

The questioner : Yes.

The Shaykh : Okay. Fulfilling it is forbidden. The author (may Allah have mercy on him) says, "Fulfilling it is not permissible, and expiation is required." Fulfilling it is not permissible, as we mentioned earlier, which is the saying of the Prophet (peace and blessings be upon him) . The reasoning? And because if fulfilling this vow were permissible, then everyone who wanted to commit a sin, right, would vow it, and we would tell him to do it. This leads to violating the sanctity of Allah. For this reason, the Prophet (peace and blessings be upon him) said . But he says, "expiation is required". How is expiation required?

The questioner : ... .

The Shaykh : Expiation of an oath. Expiation is required as the expiation of an oath, based on the saying of the Prophet (peace and blessings be upon him) . No, based on the saying of the Prophet (peace and blessings be upon him) . Imam Ahmad (may Allah have mercy on him) and Ishaq ibn Rahawayh used this hadith as evidence, and al-Tahawi authenticated it, contrary to the statement of al-Nawawi (may Allah have mercy on him) that it is weak by the consensus of hadith scholars. Al-Nawawi deemed it weak, but Imam Ahmad used it as evidence, and his use of it as evidence indicates that he considered it authentic. Al-Tahawi also authenticated it, and he is one of the imams whose authentication is considered valid. Therefore, the hadith is authentic and can be used as evidence. However, the majority of scholars said that there is no expiation for a vow of disobedience; fulfilling it is forbidden, and no expiation is required. They used as evidence the hadith of 'Aishah that we mentioned earlier, which is the saying of the Messenger (peace and blessings be upon him) . Is that clear? But we say that since a hadith with an addition has been transmitted and it is authentic, it is obligatory to take this addition into account. What is the addition?

The questioner : ... .

The Shaykh : The expiation of an oath . So we say expiation is required, because the meaning necessitates it. This man vowed but did not fulfill it. He made a vow but did not fulfill it. We say his vow was established because he bound himself to it, but it is not possible to fulfill it because it is a sin. In that case, he made a vow that he did not fulfill, so expiation is required of him. Just as if he swore to commit a sin, we would tell him not to do it and that he owes the expiation of an oath. Yes. The position of Imam Ahmad (may Allah have mercy on him), although it is one of his unique views, is closer to the truth: he does not commit the sin, and he owes the expiation of an oath. But does he make up that day and expiate because the time has passed, or does he not make it up? The apparent meaning of the text is that he does not make it up, and he only owes the expiation. For example, if he said, "By Allah, I will fast on the day of 'Id," we say it is not permissible for him to fast. But is he required to fast a day in its place along with the expiation, as is the school's position, or is he not required? The apparent meaning of the text is that he is not required, because the original specification was forbidden and a sin. The jurists (may Allah have mercy on them) distinguish: they say if the prohibition is due to a meaning related to the doer, there is no making up. If it is due to a meaning related to the time or place, then he must make it up. Okay. A woman vowed to fast on the day of menstruation. Does she fast?

The questioner : ... .

The Shaykh : She does not fast. Does she owe?

The questioner : Expiation.

The Shaykh : Expiation of an oath. Does she make it up?

The questioner : No ... .

The Shaykh : She does not make it up. Why? Because it is due to a meaning related to the doer, so there is no making up for her. But if he vowed to fast on the day of 'Id, here the man, for example, or the woman who vowed to fast on the day of 'Id does not fast, not for a meaning in herself, but for a meaning related to the time or place as well. Place, for example, if he vowed to pray in the cemetery, we say do not pray, because this is forbidden. But does he make it up or not? There is disagreement. According to the school, he makes it up and owes the expiation of an oath, because this meaning is related to the place. Okay. A man vowed to deal in riba (usury or interest). What do you say? Right?

The questioner : ... .

The Shaykh : It is forbidden for him, and he owes?

The questioner : Expiation.

The Shaykh : Expiation of an oath. It is forbidden for him, based on the saying of the Prophet (peace and blessings be upon him) , and he owes the expiation of an oath, based on the saying of the Prophet (peace and blessings be upon him) .
The author said, "The fifth: a vow of pure devotion."

The questioner : The stronger position … .

The Shaykh : The stronger position is that he does not make it up. He does not disobey Allah, and he owes expiation.

The questioner : ... .

The Shaykh : Yes?

The questioner : ... .

The Shaykh : The stronger position, I told you, the stronger position is that he does not make it up, whether it is related to time, place, or the doer, and he owes the expiation of an oath, because the original principle is that this vow was not established. Yes, that is right.