The Ruling on Swearing by the Mushaf and the Expiation for Breaking Such an Oath
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Question:
The first letter in this episode is from the Arab Republic of Egypt, sent by a listener there named Sami Muhammad Khalifa. Brother Sami says in his letter that in a moment of anger, he swore by the noble Mushaf that he would not live in this house or courtyard. When the anger subsided, he realized he had made a mistake, as he could not do without this house. He asked some people, and they told him that he had to fast for three days. He fasted for three days and returned to the house. Is this correct or not?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
To proceed: If a person swears that he will not live in this place, or will not speak to so-and-so, or will not eat such-and-such, or something similar, whether he swears by the Mushaf or by something else, and then he wants to do it or does it for reasons that necessitate it, he must expiate the oath and nothing else is required of him, provided that the act is permissible by the Shari'ah. For example, living in the house, eating the permissible food of so-and-so, or speaking to someone with whom it is not a problem to speak. This is because the Prophet (peace and blessings be upon him) said:Sunan an-Nasa'i 3784Sahih (Darussalam).
Allah has specified the expiation for an oath in His great Book, saying: : [Al-Ma'idah: 89]. This verse in Surat al-Ma'idah is the expiation for an oath: feeding ten poor people, or clothing them, or freeing a slave, meaning freeing a slave. If he is unable and cannot do so, he fasts for three days.
The questioner fasted for three days, and we do not know if he was unable or not. If he was unable, meaning he could not feed ten poor people, nor clothe them, nor free a slave, then fasting suffices for him. Otherwise, he must feed ten poor people, and fasting does not suffice for him if he is able. He gives each person half a sa' of dates, rice, or wheat, meaning by the sa' of the Prophet (peace and blessings be upon him), which is approximately one and a half kilograms. If he is able to do that, fasting does not suffice for him. Or he clothes them, giving each person a shirt, or an izar and a rida, meaning a garment that suffices for prayer. Yes.
The presenter: May Allah reward you with good. So, the expiation for an oath is not a choice?
The Shaykh: He has a choice among the three: feeding ten poor people, or clothing them, or freeing a slave. One of these three. If he is unable to do all of them, he moves to fasting.
Then, swearing by the Mushaf has no basis, so there is no need to swear by the Mushaf. If he says, "By Allah, I will not do it," that is sufficient. There is no need to bring the Mushaf, and there is no evidence for the legitimacy of that. It is better not to need to swear by the Mushaf. Even if he emphasizes his oath, he says, "By Allah, I will not do such-and-such," or "By the Great Allah, I will not do such-and-such," and that is sufficient. "By Allah, I will not visit so-and-so," "By Allah, I will not speak to so-and-so." The point is: there is no need to bring the Mushaf; rather, this is something people do to be strict with themselves without evidence. Yes.
The presenter: May Allah reward you with good.
The first letter in this episode is from the Arab Republic of Egypt, sent by a listener there named Sami Muhammad Khalifa. Brother Sami says in his letter that in a moment of anger, he swore by the noble Mushaf that he would not live in this house or courtyard. When the anger subsided, he realized he had made a mistake, as he could not do without this house. He asked some people, and they told him that he had to fast for three days. He fasted for three days and returned to the house. Is this correct or not?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
To proceed: If a person swears that he will not live in this place, or will not speak to so-and-so, or will not eat such-and-such, or something similar, whether he swears by the Mushaf or by something else, and then he wants to do it or does it for reasons that necessitate it, he must expiate the oath and nothing else is required of him, provided that the act is permissible by the Shari'ah. For example, living in the house, eating the permissible food of so-and-so, or speaking to someone with whom it is not a problem to speak. This is because the Prophet (peace and blessings be upon him) said:
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 خيرًا منها فكفر عن يمينك وائت الذي هو خيرAllah has specified the expiation for an oath in His great Book, saying: :
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. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths
لا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْThe questioner fasted for three days, and we do not know if he was unable or not. If he was unable, meaning he could not feed ten poor people, nor clothe them, nor free a slave, then fasting suffices for him. Otherwise, he must feed ten poor people, and fasting does not suffice for him if he is able. He gives each person half a sa' of dates, rice, or wheat, meaning by the sa' of the Prophet (peace and blessings be upon him), which is approximately one and a half kilograms. If he is able to do that, fasting does not suffice for him. Or he clothes them, giving each person a shirt, or an izar and a rida, meaning a garment that suffices for prayer. Yes.
The presenter: May Allah reward you with good. So, the expiation for an oath is not a choice?
The Shaykh: He has a choice among the three: feeding ten poor people, or clothing them, or freeing a slave. One of these three. If he is unable to do all of them, he moves to fasting.
Then, swearing by the Mushaf has no basis, so there is no need to swear by the Mushaf. If he says, "By Allah, I will not do it," that is sufficient. There is no need to bring the Mushaf, and there is no evidence for the legitimacy of that. It is better not to need to swear by the Mushaf. Even if he emphasizes his oath, he says, "By Allah, I will not do such-and-such," or "By the Great Allah, I will not do such-and-such," and that is sufficient. "By Allah, I will not visit so-and-so," "By Allah, I will not speak to so-and-so." The point is: there is no need to bring the Mushaf; rather, this is something people do to be strict with themselves without evidence. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.