Continuation of the explanation of the author's statement: "Except if he vows to give charity with all his wealth, or with a specified amount from it that exceeds one-third of the whole, then one-third suffices for him, and for the rest, the specified amount is obligatory upon him"
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The Shaykh :"Except if he vows to give charity with all his wealth, then the amount of one-third suffices for him" For example, if he says, "If Allah heals my sick person, I have a vow to Allah to give charity with all my wealth." Is this an absolute vow of expiation or a conditional one?
The questioner : It is conditional.
The Shaykh : It is conditional, or if he says, "I have a vow to Allah to give charity with all my wealth," this is an absolute vow of expiation.
The author says "the amount of one-third suffices for him" The evidence is the story of Ka'b ibn Malik (may Allah be pleased with him) when Allah accepted his repentance, and he said: It is agreed upon by al-Bukhari and Muslim, and in Abu Dawud it is reported that he said to him: And the Prophet (peace and blessings be upon him) named the one-third, saying it is a lot, so he said to Sa'd ibn Abi Waqqas: Similarly, Abu Lubabah (may Allah be pleased with him). Ibn 'Abd al-Munzir said: The story of Abu Lubabah was mentioned by some people in the context of his absence from the Battle of Tabuk, but this is not correct. The correct account is that it occurred in the story of his gesture to his allies, the Banu Qurayzah, when he informed them, or when they consulted him, whether he would submit to the judgment of the Prophet (peace and blessings be upon him). He pointed to his neck, meaning that it would be slaughter. He (may Allah be pleased with him) realized that this was a betrayal, so he tied himself to a pillar of the mosque and said, "I will not release myself until the Messenger of Allah (peace and blessings be upon him) releases me after Allah accepts my repentance." So Allah accepted his repentance, and the Messenger (peace and blessings be upon him) released him when he knew the sincerity of his repentance. Then he said: In this is evidence that if one vows to give charity with his wealth, yes, then one-third suffices for him. Some scholars held that he must give charity with all his wealth, because giving charity with all one's wealth is permissible for one who knows from himself that he has reliance upon Allah, and indeed it is a recommended practice (sunnah) performed by Abu Bakr (may Allah be pleased with him). This falls under the generality of his statement: What? Sahih al-Bukhari 6696 And they answered regarding the hadith.
The questioner : ... .
The Shaykh : That there is no explicit mention of a vow in them, but it may be from the category of thanking for the blessing, which is Allah's acceptance of their repentance. It does not say that he said, "I have a vow to Allah," but rather he said, "Part of my repentance, or part of thanking for my repentance, is that I do such and such." So it is from the category of the intention of good as thanks to Allah (Glorified and Exalted is He). There is a difference between one who commits to a vow and one who intends without commitment. The truth is that this discussion is strong, in the sense that there is no explicit indication in the two hadiths that they vowed this to Allah. Yes, so there is no doubt that if a person fulfills his vow and gives charity with all his wealth, with good opinion of his Lord and sincere reliance upon Him, and he has means by which he can fulfill the collective obligation (fard kifayah) for himself and his family, there is no doubt that his charity with all his wealth is more purifying for his conscience and more cautious. More purifying and more cautious. As for restricting oneself to one-third absolutely, there is something in the soul about it.
The author said "or with a specified amount from it that exceeds one-third of the whole" A specified amount from it means a designated amount from his wealth that exceeds one-third of the whole. Then what suffices for him? The amount of one-third, meaning one-third of the whole. An example of this is if he says, "I have a vow to Allah to give charity with this car." We look at his wealth, and if the car is worth twenty thousand and he has only ten thousand, how much suffices for him? Hmm?
The questioner : ... .
The Shaykh : Ten thousand suffices for him, and the car remains his, right? Or do we say, sell it and then give charity with half its value? Hmm?
The questioner : ... .
The Shaykh : He is not obligated to sell it, because if he sells it, he will take half the value. But if he sells it, it is better in one aspect, because he has taken it out for Allah and his soul is pleased with it. So it is better that it does not enter his ownership.
And the author's statement "or with a specified amount from it that exceeds one-third, then the amount of one-third suffices for him" This is one of the opinions in the madhhab of Imam Ahmad. But the famous madhhab among the later scholars is that he is obligated to give charity with the specified amount, even if it exceeds one-third. He is obligated to give charity with the specified amount, even if it exceeds one-third. So in our example, he is obligated to give charity with the entire car. They say that the difference between this and the whole is that the whole means all the wealth, and that is not the prescribed matter, unlike giving charity with a specific thing, which is prescribed even if it is more than one-third. So the issue is that we have three things: that he vows to give charity with all his wealth. The Hanbali madhhab, hmm? One-third suffices for him. And the opinion of most scholars is that he must give charity with the whole, with all his wealth. This is one. Second, that he vows to give charity with a specific thing that exceeds one-third. The madhhab is that he is obligated to give charity with it, even if it exceeds one-third. And what the author followed is that he is not obligated to give more than one-third.
The third scenario is that he vows with a shared portion of his wealth, such as if he says, "One-third of my wealth," "Half of my wealth," or the like. Then what he said becomes specific according to the apparent madhhab. And according to the author's statement, he is not obligated to give more than one-third. Good. And if he gives charity with one-third, is there an expiation (kaffarah) upon him? Hmm? There is no expiation upon him, because he says it suffices for him. And as long as it suffices for him, he has fulfilled his vow, so there is no expiation upon him.
He said "and for the rest, the specified amount is obligatory upon him" "For the rest" means except for the mentioned issue, which is if he vows to give charity with all his wealth, or with a specified amount from it that exceeds one-third. Then the specified amount is obligatory upon him, meaning the designated one, even if it is much? Suppose a man has one million riyals and says, "I have a vow to Allah to give charity with three hundred thousand." Is it obligatory upon him or not?
The questioner : It is obligatory upon him.
The Shaykh : It is obligatory upon him because it is less than one-third. And therefore he said "for the rest" meaning except for the mentioned issue. Then the specified amount is obligatory upon him. What is its evidence? The generality of the statement of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6696
The questioner : It is conditional.
The Shaykh : It is conditional, or if he says, "I have a vow to Allah to give charity with all my wealth," this is an absolute vow of expiation.
The author says "the amount of one-third suffices for him" The evidence is the story of Ka'b ibn Malik (may Allah be pleased with him) when Allah accepted his repentance, and he said:
O Messenger of Allah, part of my repentance is that I divest myself of all my wealth as charity. So the Prophet (peace and blessings be upon him) said: Hold back some of your wealth for yourself, for it is better for you.
يا رسول الله إن من توبتي أن أنخلع من مالي كله صدقة ، فقال النبي صلى الله عليه وسلم : أمسك عليك بعض مالك فهو خير لكOne-third suffices for you.
يجزئك الثلثA third, and a third is a lot.
الثلث والثلث كثيرO Messenger of Allah, part of my repentance is that I divest myself of my wealth as charity to Allah and His Messenger. So the Prophet (peace and blessings be upon him) said to him: One-third of it suffices for you.
يا رسول الله إن من توبتي أن أنخلع من مالي صدقة إلى الله ورسوله، فقال له النبي صلى الله عليه وسلم: يجزئك منه الثلثPart of my repentance is that I divest myself of my wealth. So the Prophet (peace and blessings be upon him) said to him: One-third suffices for you.
إن من توبتي أن أنخلع من مالي، فقال له النبي صلى الله عليه وسلم: يجزئك الثلثWhoever vows
من نذرthat he will be obedient to Allah, should remain obedient to Him
أن يطيع الله فليطعهThe questioner : ... .
The Shaykh : That there is no explicit mention of a vow in them, but it may be from the category of thanking for the blessing, which is Allah's acceptance of their repentance. It does not say that he said, "I have a vow to Allah," but rather he said, "Part of my repentance, or part of thanking for my repentance, is that I do such and such." So it is from the category of the intention of good as thanks to Allah (Glorified and Exalted is He). There is a difference between one who commits to a vow and one who intends without commitment. The truth is that this discussion is strong, in the sense that there is no explicit indication in the two hadiths that they vowed this to Allah. Yes, so there is no doubt that if a person fulfills his vow and gives charity with all his wealth, with good opinion of his Lord and sincere reliance upon Him, and he has means by which he can fulfill the collective obligation (fard kifayah) for himself and his family, there is no doubt that his charity with all his wealth is more purifying for his conscience and more cautious. More purifying and more cautious. As for restricting oneself to one-third absolutely, there is something in the soul about it.
The author said "or with a specified amount from it that exceeds one-third of the whole" A specified amount from it means a designated amount from his wealth that exceeds one-third of the whole. Then what suffices for him? The amount of one-third, meaning one-third of the whole. An example of this is if he says, "I have a vow to Allah to give charity with this car." We look at his wealth, and if the car is worth twenty thousand and he has only ten thousand, how much suffices for him? Hmm?
The questioner : ... .
The Shaykh : Ten thousand suffices for him, and the car remains his, right? Or do we say, sell it and then give charity with half its value? Hmm?
The questioner : ... .
The Shaykh : He is not obligated to sell it, because if he sells it, he will take half the value. But if he sells it, it is better in one aspect, because he has taken it out for Allah and his soul is pleased with it. So it is better that it does not enter his ownership.
And the author's statement "or with a specified amount from it that exceeds one-third, then the amount of one-third suffices for him" This is one of the opinions in the madhhab of Imam Ahmad. But the famous madhhab among the later scholars is that he is obligated to give charity with the specified amount, even if it exceeds one-third. He is obligated to give charity with the specified amount, even if it exceeds one-third. So in our example, he is obligated to give charity with the entire car. They say that the difference between this and the whole is that the whole means all the wealth, and that is not the prescribed matter, unlike giving charity with a specific thing, which is prescribed even if it is more than one-third. So the issue is that we have three things: that he vows to give charity with all his wealth. The Hanbali madhhab, hmm? One-third suffices for him. And the opinion of most scholars is that he must give charity with the whole, with all his wealth. This is one. Second, that he vows to give charity with a specific thing that exceeds one-third. The madhhab is that he is obligated to give charity with it, even if it exceeds one-third. And what the author followed is that he is not obligated to give more than one-third.
The third scenario is that he vows with a shared portion of his wealth, such as if he says, "One-third of my wealth," "Half of my wealth," or the like. Then what he said becomes specific according to the apparent madhhab. And according to the author's statement, he is not obligated to give more than one-third. Good. And if he gives charity with one-third, is there an expiation (kaffarah) upon him? Hmm? There is no expiation upon him, because he says it suffices for him. And as long as it suffices for him, he has fulfilled his vow, so there is no expiation upon him.
He said "and for the rest, the specified amount is obligatory upon him" "For the rest" means except for the mentioned issue, which is if he vows to give charity with all his wealth, or with a specified amount from it that exceeds one-third. Then the specified amount is obligatory upon him, meaning the designated one, even if it is much? Suppose a man has one million riyals and says, "I have a vow to Allah to give charity with three hundred thousand." Is it obligatory upon him or not?
The questioner : It is obligatory upon him.
The Shaykh : It is obligatory upon him because it is less than one-third. And therefore he said "for the rest" meaning except for the mentioned issue. Then the specified amount is obligatory upon him. What is its evidence? The generality of the statement of the Prophet (peace and blessings be upon him):