AI-Isfahaani (RAH) says,in his book Mufradaat Alfaaz al-Qur'aan (Vocabulary of the Qur'aan), p. 797:
"Al-Nadhr (vow): when you oblige yourself to do something that is not obligatory because of something that you want to happen.
Allaah says:
'[Maryam said:] I have vowed a fast unto the Most Beneficent (Allaah) ... ' (Q9[Maryam]:26)."
So a vow is the action, on the part of a person who is adult and of sound mind (mukatlaf), of obliging himself to do something that is not obligatory, whether he intends to do it straight away or makes his doing it conditional upon something else.
Vows are mentioned in the Qur'aan in approving terms. Allaah says:
"Verily, the abraar (pious, who fear Allaah and avoid evil), shall drink a cup (of wine) mixed with water from a spring in Paradise called Kaafoor, a spring where from the slaves of Allaah will drink,' causing it to gush forth abundantly. They (are those who) fulfil their vows, and they fear a Day whose evil will be wide spreading." (Q76 [Dahr]:5-7).
So Allaah makes their fear of the horrors of the Day of Resurrection and their fulfillment of their vows some of the reasons for their salvation and admittance to Paradise.
Ruling On Vows
Fulfilling legitimate (shar'i) vows is obligatory according to Sharee'ah. Allaah says:
"Then let them complete the prescribed duties (manaasik of Hajj) for them, and perform their vows... " (Q22[al-Hajj]:29).
Imaam al-Shawkaani said:
"This means that they have to do this."
Numerous ahaadeeth have been reported from the Prophet (sallaallahu alayhi wa sallaam) discouraging vows and describing them as detested (makrooh). Abu Hurayrah (RA) said: "The Messenger of Allaah (sallaallahu alayhi wa sallaam) said:
'Do not make vows, for vows do not change qadar (the divine decree) in the slightest, but they make the stingy person give something up (Muslim).
Then, 'Abd-Allaah ibn 'Umar (RA) said: "The Messenger of Allaah (sallaallahu alayhi wa sallaam) began to discourage us from making vows, and said,
'They do not change anything, although they may make the miser give up something.'" (Bukhaari)
One might ask, how is it that those who fulfil their vows, are praised, then making vows is discouraged? The answer is that the kind of vow that is praised is the vow to do acts
of worship that are not connected to anything - i.e., not conditional upon anything Which makes a man force himself to do acts of worship and prevent himself from being lazy, or in thanksgiving for some blessing. The kinds of vow which are discouraged are of different types, including vows that are made in return for something, whereby a person makes his doing an act of worship conditional upon attaining something or warding off something, and is that does not happen, he does not do the act of worship.
Types Of Vows And Their Fulfilment
Vows Which Must Be Fulfilled (Vows To Do Acts Of Worship And Obedience To Allaah): This includes every vow which involves a promise to do some kind of act of worship, such as praying, fasting, performing 'Umrah or Hajj, upholding family ties, doing i'tikaaf (retreat for worship in the mosque), jihaad, enjoining what is good and forbidding what is evil.
For example, a person may say, "It is my duty towards Allaah to fast such-and-such (days)" or to give such-and-such in charity, or to go for Hajj this year, or to pray two rak'ahs in al-Masjid al-Haraam [in Makkah] in thanksgiving to Allaah for curing a sick person or he may make a vow of doing some act of worship conditional upon something that will benefit him if it happens, so he says, "If my absent loved one returns or Allaah protects me from the evil of my enemy, I will fast such-and-such (days) or give such-and-such in charity."
The Prophet (sallaallahu alayhi wa sallaam) said:
"Whoever vows to do some act of worship and obedience to Allaah, then let him do it, and whoever vows to do some sin, let him not do it." (Bukhaari).
If a man vows to do some act of worship then circumstances change and prevent him from fulfilling his vow, such as he vows to fast for a month or to go for Hajj or 'Umrah, then he falls sick and is unable to fast or travel, or he vows to give charity, then he becomes poor and is unable to give what he promised, then in such cases he must offer expiation (kafaarah) for breaking his vow, which is the same as kaffaarat yameen (expiation for breaking an oath). Ibn 'Abbaas (RA) said,
"Whoever makes avow and is then unable to fulfil it, his expiation is kaffaarat yameen." (Abu Dawood.)
Vows Which It Is Forbidden To Fulfil, And For Which Kaffaarat Yameen Must Be Offered: This includes different types of vows:
Vows To Commit Sin
This is every vow which involves disobedience to Allaah, such as vows to bring oil, candles or money to graves or shrines (mashhads), or to visit tombs and shrines of shirk. This is in some ways like making vows to idols. It is also forbidden to fulfil vows which promise to do some sin, like committing zinaa (adultery, fornication), drinking alcohol, stealing, taking orphans' property, denying someone's rights, or cutting family ties by cutting a certain relative off or not entering his house for no shar'I reason. All of these are not permitted at all, and (the person who makes such a vow) must offer kafaarat yameen in expiation for his vow.
The evidence (daleel) that it is not permissible to fulfil this kind of vow is the hadeeth of 'Aa'ishah(RA) who reported that the Prophet (sallaallahu alayhi wa sallaam) said:
"Whoever vows to do some act of worship and obedience to Allaah, then let him do it, and whoever vows to do some sin, let him not do it." (Bukhaari).
'Imraan ibn Husayn reported that the Messenger of Allaah (sallaallahu alayhi wa sallaam) said:
"There should be no fulfilment of a vow to commit sin." (Muslim)
Vows Against A Shar'i Text (of the Qur'aan Or Sunnah)
If a Muslim makes a vow then it becomes clear to him that this vow of his goes against a clear, saheeh [authentic] text that contains some command or prohibition, then he must refrain from fulfilling his vow, and offer kaffaarat yameen for it.
The evidence for this is the report from Ziyaad ibn Jubayr, who said: "I was with Ibn 'Umar and a man asked him, 'I made a vow to fast every Tuesday or Wednesday as long as I live, and it so happens that this day is Yawm al-Nahr (the Day of Sacrifice, i.e., the first day of Eid al-Adha).' He said, 'Allaah has commanded us to fulfil vows and we are forbidden to fast on Yawm al-Nahr.' He repeated this to him, and said no more and no less." (Bukhaari). AI-Haafiz Ibn Hajar (RAH) said: "The scholars agree that it is not permitted to fast on Yawm al-Fitr and Yawm al-Nahr, neither as an act of worship nor in fulfilment of a vow."
Vows Concerning Which There Is No Ruling Other Than Kaffaarat Yameen
There are some vows concerning which there is no ruling other than that the one who makes such a vow must offer kaffaarat yameen in expiation for his vow. These include:
Non-Specific Vows: If a Muslim makes a vow but does not specify what the vow is about, such as saying, "I make avow if Allaah heals this sick person" but does not specify anything, then he must offer kaffaarat yameen. 'Uqbah ibn 'Aamir reported that the Messenger of Allaah (sallaallahu 'alayhi wa sallaam) said:
"The expiation for a vow is kaffaarat yameen." (Muslim)
Imaam al-Nawawi said: "Maalik and many others indeed the majority interpreted this as meaning absolute vows, such as saying 'I vow' [without being specific]." (Sharh Muslim li'l-Nawawi.11/104).
Vows Concerning Things That One Does Not Possess
If a person makes a vow concerning something that is not his, then he has no option but to offer kaffaarat yameen. For example, if he vows to give charity from someone else's wealth, or to free someone else's slave, or to give a garden that he does not own to someone. The evidence for this ruling is the hadeeth of 'Amr ibn Shu'ayb from his father from his grandfather, who said: "The Messenger of Allaah (sallaallahu alayhi wa sallaam) said:
The son of Adam cannot make any vow concerning that which is not his, he cannot free (any slave) who is not his, and he cannot divorce any wife who is not his." (Tirmidhi).
Vows Where One Has The Option
There are vows where a person has the option of fulfilling the vow or of offering kaffaarat yameen.
This kind of vow includes:
Vows Made In Desperation Or In Anger: This' means every vow that comes in the form of an oath made to urge for something to be done or to stop something from being done, or to swear that something is true or not true, where the person does not really intend to make a vow to do some act of worship. For example, a man might say in anger, 'If I ever do such-and-such I have to go for Hajj, or fast for a month, or give one thousand dinars in charity' or, 'If I ever speak to So-and-so I have to free a slave, or divorce my wife,' and so on, then he does the thing he said he would not do, but all he really meant by his words was that he would not do that thing he had no intention of either doing it or the thing he vowed to do if he did.
In such a case, Ibn Taymiyah (RAH) said:
"If a vow is made in the form of an oath, such as saying, 'If I travel with you then I have to go for Hajj, or give all my wealth in charity, or free a slave,' in the opinion of the Sahaabah and the majority of the scholars this is hilf al-nadhr (an oath by vowing), it is not a vow. If he does not do what he promised to do, it is sufficient for him to offer kaffaarat yameen."
Elsewhere, he said,
"The obligation, of vows made in anger or desperation is one of two things, according to the majority: either expiation, or doing the thing promised. If he does not fulfil the vow, he must offer expiation (kaffaarah)."
Vows Concerning Permissible Things: This means every vow that includes permissible things, such as vowing to wear a certain type of clothes, eat special foods, ride a certain animal, enter a certain house, and so on. Thaabit ibn al-Dahhaak said: "A man vowed to sacrifice a camel in Bawaanah (according to one report: because a male child had been born to him).
He came to the Prophet (sallaallahu alayhi wa sallaam) and said: 'I have vowed to sacrifice a camel in Bawaanah.' The Prophet (sallaallahu alayhi wa sallaam) said:
'Was there one of the idols of the Jaahiliyyah there that people used to worship?, They said, 'No.' He asked, 'Did they used to celebrate any of their festivals there?' They said, 'No. The Messenger of Allaah (sallaallahu alayhi wa sallaam) said: 'Then fulfil your vow, for there is no fulfilment of vows that involve disobedience to Allaah, or that concern things that the son of Adam' does not possess. "(Abu Dawood).
This man had vowed to sacrifice a camel in Bawaanah (a place beyond Yanboo') in thanksgiving to Allaah, may He be exalted, because He had blessed him with a male child. The Prophet (sallaallahu alayhi wa sallaam) allowed him to fulfil his vow, so he sacrificed a camel in that place.
What Is Kaffaarat Yameen [Expiation For Breaking A Vow]?
Kaffaarat yameen is mentioned by Allaah in the verse:
"Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons) on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). Thus A1laah makes clear to you His Ayaat (verses, lessons, signs, revelations, etc.) that you may be grateful" (Q5 [al-Maa'idah] :89)
So the person has the choice of three things:
1 - Feeding ten poor persons with the average kind of food that he feeds his family, by giving each person half a saa' of the usual local staple, such as ice etc. This is equivalent to approximately one-and- a-half kilograms. If rice is usually eaten with some kind of sauce then along with the rice he should give them some sauce or meat. If he gathers together ten poor people and offers them lunch or dinner, this is sufficient.
2 - Clothing ten poor people, which means giving each one clothing that is suitable for praying in, so for a man he would give a those or a lower garment and upper garment (izaar and rida'), and for a woman a concealing dress and a head cover.
3 - Freeing a believing slave. Whoever cannot do any of the above should fast for three days. The majority of scholars are of the view that it is not sufficient to pay the kaffaarah in cash. Ibn Qudaamah (RAH) said: It is not sufficient to offer the value of the food or clothing to be given in expiation, because Allaah mentions food, so expiation cannot be offered by any other means, and because Allaah has given us a choice between three things, and if it were permissible to pay the value, the choice would not be limited to those three things. [Al-Mughni 11/256]
Shaykh Ibn 'Uthaymeen (RAH) said:
"If a person cannot find a slave to free, or clothes or food to give, then he must fast three consecutive days with no break in between". [Fataawa Manaar al-Islam, 3/667 ]
However, when fasting for kaffaarat al-yameen, the three days do not have to be consecutive. If you fast them separately, that is sufficient, because of the general meaning of the verse cited above. Allaah did not stipulate that they must be consecutive. It is better if the fasts for kaffaarat al-yameen are done consecutively, but if they are not, then there is nothing wrong with that. [Al-Mughni, 10/ 15]
This article was culled from the publications of Deen Communication Limited