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Yahya related to me from Malik from Hisham ibn Urwa from his
father that A'isha, umm al-muminin said, "Rashness in oaths is that a
man says, 'By Allah, No! by Allah!' " i.e. out of habit.
Malik said, "The best of what I have heard on the matter is that
rashness in oaths is that a man take an oath on something to show that
he is certain that it is like he said, only to find that it is other
than what he said. This is rashness."
Malik said, "The
binding oath is for example, that a man says that he will not sell his
garment for ten dinars, and then he sells it for that, or that he will
beat his young slave and then does not beat him, and so on. One does
kaffara for making such an oath, and there is no kaffara in rashness."
Malik said, "As for the one who swears to a thing which he
knows is wicked, and he swears to a lie he knows to be a lie, in order
to please someone with it or to excuse himself to someone by it or to
gain money by it, no kaffara that he does for it can cover it."
Yahya related to me from Malik that Humayd ibn Qays and Thawr ibn
Zayd adDili both informed him that the Messenger of Allah, may Allah
bless him and grant him peace, (and one of them gave more detail than
the other),saw a man standing in the sun. The Messenger asked, "What's
wrong with him?" The people said, "He has vowed not to speak or to
seek shade from the sun or to sit and to fast." The Messenger of
Allah, may Allah bless him and grant him peace, said, "Go and tell him
to speak, seek shade, and sit, but let him complete his fast."
Malik said, "I have not heard that the Messenger of Allah, may
Allah bless him and grant him peace, ordered the man in question to do
any kaffara. The Messenger of Allah, may Allah bless him and grant him
peace, only ordered him to complete that in which there was obedience
to Allah and to abandon that in which there was disobedience to
Allah."
Yahya related to me from Malik from Suhayl ibn Abi Salih from his
father from Abu Hurayra that the Messenger of Allah, may Allah bless
him and grant him peace, said, "Whoever makes an oath and then sees
that something else would be better than it, should do kaffara for his
oath and do what is better."
Yahya said that he heard Malik
say, "Anyone who says that he has a vow but does not mention the name
of Allah, is still obliged to make the kaffara for an oath (if he
breaks it)".
Malik said, "Emphasis is when a man swears one
thing several times, repeating the oath in his speech time after time.
For instance, the statement, 'By Allah, I will not decrease it from
such-and-such,' sworn three times or more. The kaffara of that is like
the kaffara of one oath. If a man swears, 'I will not eat this food or
wear these clothes or enter this house,' that is all in one oath, and
he is only obliged to do one kaffara. It is the same for a man who
says to his wife, 'You are divorced if I clothe you in this garment or
let you go to the mosque,' and it is one entire statement in the
normal pattern of speech. If he breaks any of that oath, divorce is
necessary, and there is no breaking of oath after that in whatever he
does. There is only one oath to be broken in that."
Malik
said, "What we do about a woman who makes a vow without her husband's
permission is that she is allowed to do so and she must fulfill it, if
it only concerns her own person and will not harm her husband. If,
however, it will harm her husband, he may forbid her to fulfill it,
but it remains an obligation against her until she has the opportunity
to complete it."
Yahya related to me from Malik that Yahya ibn Said said, "I vowed
to walk, but I was struck by a pain in the kidney, so I rode until I
came to Makka. I questioned Ata ibn Abi Rabah and others, and they
said, 'You must sacrifice an animal.' When I came to Madina I
questioned the ulama there, and they ordered me to walk again from the
place from which I was unable to go on. So I walked."
Yahya
said that he had heard Malik say, "What is done among us regarding
someone who makes a vow to walk to the House of Allah, and then cannot
do it and so rides, is that he must return and walk from the place
from which he was unable to go on. If he cannot walk, he should walk
what he can and then ride, and he must sacrifice a camel, a cow, or a
sheep if that is all that he can find."
Malik, when asked
about a man who said to another, "I will carry you to the House of
Allah", answered, "If he intended to carry him on his shoulder, by
that he meant hardship and exhaustion to himself, and he does not have
to do that. Let him walk by foot and make sacrifice. If he did not
intend anything, let him do hajj and ride, and take the man on hajj
with him. That is because he said, 'I will carry you to the house of
Allah.' If the man refuses to do hajj with him, then there is nothing
against him, and what is demanded of him is cancelled."
Yahya
said that Malik was asked whether it was enough for a man who had made
a vow that he would walk to the House of Allah a certain (large)
number of times, or who had forbidden himself from talking to his
father and brother, if he did not fulfil a certain vow, and he had
taken upon himself, by the oath, something which he was incapable of
fulfilling in his lifetime, even though he were to try every year, to
fulfil only one or a (smaller) number of vows by Allah? Malik said,
"The only satisfaction for that that I know is fulfilling what he has
obliged himself to do. Let him walk for as long as he is able and draw
near Allah the Exalted by what he can of good."
Yahya related to me from Malik from Ayyub ibn Musa from Mansur
ibn Abd ar-Rahman al-Hajabi from his mother that A'isha, umm al-
muminin, may Allah be pleased with her, was asked about a man who
devoted his property to the door of Kaba. She said, "Let him do
kaffara for it with the kaffara of the oath."
Malik said,
that someone who devoted all his property in the way of Allah, and
then broke his oath, should put a third of his property in the way of
Allah, as that was what the Messenger of Allah, may Allah bless him
and grant him peace, did in the case of Abu Lubaba.
Yahya related to me from Malik that Abdullah ibn Abi Habiba said,
"I said to a man, when I was young, 'A man who only says that he must
walk to the House of Allah and does not say that he has vowed to walk,
does not have to walk.' A man said, 'Shall I give you this small
cucumber?' and he had a small cucumber in his hand and you will say,
'I must walk to the house of Allah?' I said, 'Yes' and I said it, for
at that time I was still immature. Then, when I came of age, some one
said to me that I had to fulfill my vow. I went and asked Said ibn al-
Musayyab about it, and he said to me, 'You must walk.' So I walked."
Malik said, "That is the custom among us."
Yahya related to me from Malik from Talha ibn Abi al-Malik al-
Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the
Messenger of Allah, may Allah bless him and grant him peace, said,
"Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey
Allah, let him not disobey Him."
Yahya said that he had heard
Malik say, "The meaning of the statement of the Prophet, may Allah
bless him and grant him peace, 'Whoever vows to disobey Allah, let him
not disobey Him' is that for instance a man who vows that, if he
speaks to such-and-such a person, he will walk to Syria, Egypt, or any
other such things which are not considered as ibada, is not under any
obligation by any of that, even if he did speak to the man or did
break whatever it was he swore, because Allah does not demand
obedience in such things. He should only fulfill those things in which
there is obedience to Allah."
22.5 Rashness in Oaths
Traductions
🇸🇦 Arabic
كتاب النذور والأيمان
