Nadhr, Qasm, Ahad -
Oath / Vow |
.http://al-islam.org/laws/vow.html |
VOW -
OATH
- QUES/ANS
-
DIALOGUE |
Vow (Nazr) |
2649. Vow means
making it obligatory upon oneself to do some
good act, or to refrain from doing an act which
it is better not to do, for the sake of, or for
the pleasure of Allah.
2650. While making a vow, a formula declaration
has to be pronounced, though is not necessary
that it should be in Arabic. If a person says:
"When the patient recovers from his ailment, it
will be obligatory upon me to pay $10 to a poor
man, for the sake of Allah," his vow will be in
order.
2651. It is necessary that the person making a
vow is baligh and sane, and makes the vow with
free will and intention. If he has been coerced
to make a vow, or if he makes it owing to
excitement, without any intention or choice, his
vow is not in order.
2652. If a person who is feeble-minded, (i.e.
one who squanders his property for useless
purposes) makes a vow, for example, to give
something to poor, his vow is not in order.
Similarly, if a bankrupt person makes a vow to
pay from the wealth over which he has no right
of disposal or discretion, the vow will not be
valid.
2653. If a husband disallows his wife to make a
vow, her vow will not be valid, if that vow in
any way violates the rights of the husband.
Similarly, a wife making a vow to pay from her
wealth, without her husband's permission,
commits an act which is not free from Ishkal,
except when the vow is for Hajj, Zakat, Sadaqa
or for doing a good turn to her parents, or her
blood relations.
2654. If a woman makes a vow with the permission
of her husband, he cannot abrogate her vow, or
restrain her from fulfilling her vow.
2655. If a child (son or daughter) makes a vow,
with or without the permission of his/her
father, he/she should fulfill his/her vow.
However, if his/her father or mother disallows
him/her to fulfill the vow, his/her vow is void,
provided that the fulfillment of the vow does
not have any priority.
2656. A person can make a vow only for an act
which is possible for him to fulfil. If, for
example, a person is not capable of traveling up
to Karbala on foot, and he makes a vow that he
will go there on foot, his vow will not be in
order.
2657. If a person makes a vow that he will
perform a haraam or makrooh act, or that he
would refrain from a wajib or mustahab act, his
vow is not valid.
2658. If a person makes a vow that he will
perform or abandon a normal act, the performing
or abandoning of which has equal merits, his vow
is not in order. But if performing it is better
in some respect, and a person makes a vow
keeping that merit in view, for example, if he
makes a vow that he will eat a certain food so
as to gain strength for worshipping Allah, his
vow will be in order.
Also, if its renouncing is better in some
respect, and the vow to renounce it is made with
that intention, for example, if he finds smoking
is harmful and makes a vow not to smoke, his vow
is in order. However, at any time when he feels
that smoking is not harmful for him, the vow
will cancel by itself.
2659. If a person makes a vow, that he will
offer his obligatory prayers at a place where
offering does not inherently carry higher
spiritual merits, for example, he makes a vow to
offer his prayers in a certain room, his vow
will be valid, only if, offering prayers there
has some merit, like, being able to concentrate
better due to solitude.
2660. If a person makes a vow to perform an act,
he should perform it in strict accordance with
his vow. If he makes a vow to give Sadaqa, or to
fast on the first day of every month, or to
offer prayers of the first of the month, if he
performs these acts before that day or after, it
will not suffice. Also, if he makes a vow that
he will give Sadaqa when a patient recovers, but
gives away before the recovery of the patient,
it will not suffice.
2661. If a person makes a vow that he will fast,
without specifying the time and the number of
fasts, it will be sufficient if he observes one
fast. And if he makes a vow that he will offer
prayers, but does not specify its number and
particulars, it will be sufficient if he offers
a two rak'at prayers.
And if he makes a vow that he will give Sadaqa,
not specifying its nature or quantity, and he
gives something which can be deemed as Sadaqa,
his vow will be fulfilled. And if he simply
makes a vow that he will act to please Almighty
Allah, his vow will be fulfilled if he offers
one prayers, or observes one fast, or gives away
something by way of Sadaqa.
2662. If a person makes a vow that he will
observe fast on a particular day, he should
observe fast on that very day; and if he does
not observe fast on that day intentionally, he
should, besides observing the qadha for that
fast, also give Kaffarah for it. And the
Kaffarah applicable in this case is the one
prescribed for violation of the Oaths, as will
be mentioned later. However, traveling for him
on that day is permissible, and he will not
fast.
Also, it is not obligatory upon him to make a
niyyat for ten days so as to be able to fast. If
a person who made the vow could not fast on the
particular day because of being on a journey,
illness, or in the case of a woman, being in the
state of Haidh, or for any good excuse, then he
will give only qadha of that fast, and there
will be no Kaffarah.
2663. If a person, of his own choice and
volition, violates his vow, he should give
Kaffarah for it.
2664. If a person makes a vow to renounce an act
for some specified time, he will be free to
perform that act after that time has passed. But
if he performs it before that time, due to
forgetfulness, or helplessness, there is no
liability on him. Even then, it will be
necessary for him to refrain from that act for
the remaining time, and if he repeats that act
before it without any excuse, he must give
Kaffarah for it.
2665. If a person makes a vow to renounce an
act, without setting any time limit, and then
performs that act because of forgetfulness,
helplessness or carelessness, it is not
obligatory for him to give a Kaffarah, but,
after the first instance, if he repeats the act
again at any time, voluntarily, he must give
Kaffarah for it.
2666. If a person makes a vow that he/she will
observe fast every week on a particular day, for
example, on Friday, and if Eid ul Fitr or Eid ul
Azha falls on one of the Fridays or an excuse
like journey (or menses in the case of women)
springs up for him/her, he/she should not
observe fast on that day, but give its qadha.
2667. If a person makes a vow that he will give
a specific amount as Sadaqa, and dies before
having given it away, it is not necessary that
that amount be deducted from his estate. It is
better that the baligh heirs of the deceased
give that amount as Sadaqa on his behalf, out of
their own shares.
2668. If a person makes a vow that he will give
Sadaqa to a particular poor, he cannot give it
to another poor, and if that poor person dies,
he should on the basis of recommended
precaution, give the Sadaqa to his heirs.
2669. If a person makes a vow that he will
perform the Ziyarat of a particular holy Imam,
for example of Abu Abdillah Imam Husayn (A.S.)
his going for the Ziyarat of another Imam will
not be sufficient, and if he cannot perform the
Ziyarat of that particular Imam because of any
good excuse, nothing is obligatory on him.
2670. If a person has made a vow that he will go
for Ziyarat, but has not included in his vow
that he will do Ghusl or pray after the Ziyarat,
it is not necessary for him to perform those
acts.
2671. If a person makes a vow that he would
spend some amount of money on the shrine of one
of the Imams, or the descendants of the Imams,
without having any particular project in mind,
he should spend it on the repairs, lighting,
carpeting etc. of the shrine.
2672. If a person makes a vow to use something
in the name of Holy Imam himself, and has an
intention to put it to a specific use, he should
spend it for that very purpose.
And if he has not made an intention to put it to
any specific use, it is better that he should
use it for a purpose which has some relationship
with that Imam, for example, he should spend it
on poor Zawwar of that Imam, or on the shrine of
the Imam, like its repairs etc. or for such
purposes which would glorify the memory of that
Imam. The same rule applies in the case of the
descendants of the Imams.
2673. If someone makes a vow that he would give
a sheep as Sadaqa, or in the name of a Holy
Imam, and if it gives milk, or gives birth to a
young one, before it is put to use in accordance
with the vow, the milk or the lamb will be the
property of the person who made the vow, unless
he had included them in his vow. And the growth
of fat on the animal will be considered part of
the vow.
2674. If a person makes a vow for an act, if a
patient recovers or a traveler returns home, and
if it transpires later that the patient had
already recovered or the traveler had already
returned before he had made the vow, it will not
be necessary for him to fulfill his vow.
2675. If a father or a mother makes a vow that
he/she will marry their daughter to a Sayyid,
the option rests with the girl when she attains
the age of puberty, and the vow made by the
parents has no significance.
2676. When a person makes a covenant with Allah,
that if his particular lawful need is fulfilled,
he will perform a good act, it is necessary for
him to fulfil the covenant. Similarly, if he
makes a covenant without having any wish, that
he will perform a good act, the performing of
that act becomes obligatory upon him.
2677. As in the case of vow, a formal
declaration should be pronounced in the case of
covenant ('Ahd) as well. And it is commonly held
that the covenant that one makes should be
related to either acts of worship, like,
obligatory or Mustahab prayers, or to acts whose
performance is better than its renunciation. But
this is not so. In fact, all covenants which
fall within the category specified in rule no.
2680 related to oaths, are valid and ought to be
fulfilled.
2678. If a person does not act according to the
covenant made by him, he should give a Kaffarah
for it, i.e. he should either feed sixty poor
persons, or fast consecutively for two months,
or set free a slave. |
Rules
regarding oath (Qasam) |
2679. If a person
takes an oath that he will perform an act (e.g.
that he will fast) or will refrain from doing an
act (e.g. that he will not smoke), but does not
intentionally act according to his oath, he
should give Kaffarah for it, which means he
should set a slave free, or should fully feed
ten indigent persons, or should provide them
with clothes. And if he is not able to perform
these acts, he should fast for three consecutive
days.
2680. The conditions for validity of an oath
are:
A person who takes an oath should be Baligh and
sane, and should do so with free will and clear
intention. Hence, an oath by a minor, an insane
person, an intoxicated person, or by a person
who has been coerced to take an oath, will not
be in order. Similarly, if he takes an oath
involuntarily, or unintentionally, in a state of
excitement, the oath will be void.
An oath taken for the performance of an act
which is haraam or makrooh, is not valid.
Similarly, an oath for renouncing an act which
is obligatory or Mustahab is also void. And if
he takes an oath to perform a normal or usual
act, it will be valid, if that act has any
preference in the estimation of sensible people.
Similarly, if he takes an oath for renouncing a
usually permissible act, it will be valid if it
is deemed more preferable than its performance,
by the sensible people. In fact, in each case,
his own judgment about the preferences will be
enough to grant validity to the oath, even if
other sensible people may not concur.
The oath must be sworn by one of those names of
the Almighty Allah which are exclusively used
for Him, (e.g. 'Allah'). And even if he swears
by a name which is used for other beings also,
but is used so extensively for Him, that when
any person utters that name one is reminded of
Him Alone, for example, if he swears by the name
Khaliq (the Creator) and Raziq (the Bestower),
the oath will be in order.
In fact, if he uses other names or attributes of
Allah, which do not remind of Him, but give that
connotation when used during an oath, like Samee'
(All Hearing) or Baseer (All Seeing), even then
the oath will be valid.
The oath should be uttered in words, but a dumb
person can take an oath by making a sign.
Similarly, if a person is unable to utter the
words, he may write down the oath, repeating in
his mind the intention for it, that will be a
valid oath, though as a precaution, he may
confirm the oath in other ways as well.
It should be possible for him to act upon his
oath. And if he was able to act upon the oath
when he took it, but became incapable of acting
upon it later, the oath becomes nullified from
the time he became incapable of acting upon it,
provided that he did not incapacitate himself
purposely. And the same rule applies if acting
upon one's vow, oath, or covenant, involves
unbearable hardship.
2681. If the father forbids his son to take an
oath, or the husband forbids his wife to take an
oath, their oath is not valid.
2682. If a son takes an oath without the
permission of his father, or a wife takes an
oath without the permission of her husband, the
father or the husband can nullify the oath.
2683. If a person does not act upon his oath
because of forgetfulness, helplessness or
heedlessness, he is not liable for Kaffarah. And
the same rule applies, if he is forced not to
act upon his oath. And if an obsessed person
takes an oath like, if he says: "By Allah, I am
going to offer prayers now at once," and then
does not offer prayers owing to the whims
haunting him, which renders him incapable of
acting according to the oath it is not necessary
for him to give Kaffarah.
2684. If a person swears to confirm that he is
telling the truth, and if that is actually the
truth, his taking of the oath is Makrooh; and if
it is a lie, his taking of the oath is haraam.
In fact, to make a false oath in the cases of
dispute is a major sin. However, if a person
takes a false oath in order to save himself, or
another Muslim from the torture of an oppressor,
there is no objection in it, in fact, at times
it becomes obligatory.
However, if a person can resort to 'Tauriyat'
(dissimulation), that is, if at the time of
taking an oath, he makes a vague, feigned
utterance with no intention of resorting to
falsehood, then it is better for him to do so.
For example, if an oppressor or a tyrant who
wants to harm someone asks him whether he has
seen that person, and he had seen him an hour
earlier, he would say that he has not seen him,
meaning in his mind that he has not seen him
during the last few minutes.
Imam Hasan
Askari (a.s) said:
An age will approach when the people's face
would be laughing (exalting) and their
hearts would be dark, bleak and dirty. The
Sunnah to them would be innovation and
heresy and innovation would be (considered)
Sunnah among them and the transgressor would
be honorable and respectable among them.
Their chiefs and lords would be ignorant and
aggressive ones. And the religious scholars
would be on the threshold of the aggressors
and tyrants. (Mustadrak ul Wasail vol2 pg
322.)
|
Question: What are the
conditions for validity of an oath? |
Answer: The
conditions for validity of an oath are:
1) A person who takes an oath should be Baligh
and sane, and should do so with free will and
clear intention. Hence, an oath by a minor, an
insane person, an intoxicated person, or by a
person who has been coerced to take an oath,
will not be in order. Similarly, if he takes an
oath involuntarily, or unintentionally, in a
state of excitement, the oath will be void.
2) An oath taken for the performance of an act
which is Haraam or Makrooh, is not valid.
Similarly, an oath for renouncing an act which
is Wajib or Mustahab is also void. And if he
takes an oath to perform a normal or usual act,
it will be valid, if that act has any preference
in the estimation of sensible people.
Similarly, if he takes an oath for renouncing a
usually permissible act, it will be valid if it
is deemed more preferable than its performance,
by the sensible people. In fact, in each case,
his own judgment about the preferences will be
enough to grant validity to the oath, even if
other sensible people may not concur.
3) The oath must be sworn by one of those names
of the Almighty Allah which are exclusively used
for Him, (e.g. 'Allah'). And even if he swears
by a name which is used for other beings also,
but is used so extensively for Him, that when
any person utters that name one is reminded of
Him Alone, for example, if he swears by the name
Khaliq (the Creator) and Raziq (the Bestower),
the oath will be in order.
In fact, if he uses other names or attributes of
Allah, which do not remind of Him, but give that
connotation when used during an oath, like Samee'
(All Hearing) or Baseer (All Seeing), even then
the oath will be valid.
4) The oath should be uttered in words, but a
dumb person can take an oath by making a sign.
Similarly, if a person is unable to utter the
words, he may write down the oath, repeating in
his mind the intention for it, that will be a
valid oath, though as a precaution, he may
confirm the oath in other ways as well.
5) It should be possible for him to act upon his
oath. And if he was able to act upon the oath
when he took it, but became incapable of acting
upon it later, the oath becomes nullified from
the time he became incapable of acting upon it,
provided that he did not incapacitate himself
purposely. And the same rule applies if acting
upon one's vow, oath, or covenant, involves
unbearable hardship. |
Question: If a
person breaks his oath, what is he supposed to
do? |
Answer: If a
person takes an oath that he will perform an act
(e.g. that he will fast) or will refrain from
doing an act (e.g. that he will not smoke), but
does not intentionally act according to his
oath, he should give Kaffarah for it, which
means he should set a slave free, or should
fully feed ten indigent persons, or should
provide them with clothes. And if he is not able
to perform these acts, he should fast for three
consecutive |
Dialogue on votive offering, pledge, and oath |
A friend of mine
complained to me that his mother favored his
younger brother over him. I asked him, “In what
way?”. He said, “By making a sacrificial
offering, as a token of thanksgiving to The
Almighty for His grace in restoring the health
of my ill brother”. I said to him, “Did you ask
her why?”. He replied, “Yes, she said to me that
making a vow for the speedy recovery of my
brother does not mean she favored him over me.
She also said that my parents had already
slaughtered a sheep for me, by way of aqiqah
(meaning will follow) when I was only seven days
old and that they sacrificed an udhhiyah
(meaning will follow) for me”.
There I stopped him because the words aqiqah and
udhhiyah did not make any sense to me. I
promised him to resume talking about it after I
had asked my father. |
* What is aqiqah and udhhiyah? |
- Aqiqah, my son,
is an authentic sunnah (Prophetic practice, i.e.
by word and/or deed), for those who can afford
it. It was enjoined by the Prophet Mohammad (s.a.w).
A sheep or a cow is sacrificed on the seventh
day after the birth of the infant, male and
female, when his/her hair is cut.
It has been related from the Prophet (s.a.w.)
that he uttered adhan in the ears of Imam Hassan
and Imam Hussain (a.s.) when they were born and
offered a sacrificial animal on the seventh day
after their birth.
Those of us whose parents could not afford
aqiqah at the time, may do so themselves. |
* Well, this is aqiqah. What is udhhiyah? |
- Udhhiyah is to
sacrifice an animal on the day of Eidul Adhha.
It is an authentic sunnah of the Prophet (s.a.w.)
too. The meat of the sacrificed animal may be
donated on behalf of the dead and the living,
both young and adult. It may be done every year. |
* Now, can I take
you back to the tale of my friend and his
mother. Is it compulsory that the woman fulfils
her vow, or is it mustahab, like aqiqah and
udhhiyah, the practice of which follows the
sunnah? |
- Let may say this
to you.
To vow means that you commit yourself to doing a
particular thing, or forsake a particular deed
or word, for the sake of Allah, the Most High.
Fulfilling a vow is not always viable, unless
certain criteria are met. |
* What are these criteria? |
- These are:
1. The wording of the vow, be it in Arabic or
any other language, should be couched in such a
way that the ultimate objective is to seek the
pleasure of Allah Almighty, and that such
wording should include His name, i.e. Allah or
any of his other exclusive names and attributes.
* Should the person making the vow not say, “I
am indebted to Allah, God, or the Merciful (ar-Rahman)”,
what will happen?
- There shall be no obligation to fulfill the
vow.
2. The thing offered for a votive offering
should be ethically and religiously viable,
especially when it comes to certain actions
emanating from the vow. |
* What if it was not acceptable, yet it could
be reprehensible, damaging, or permissible? |
- A vow is not in
order, if the deed contingent on the vow was
reprehensible or damaging. If it was
permissible, it shall be deemed sound when the
ultimate intention leads to a lawful action. For
example, if you make a vow to drink water to be
more able to worship God, your vow shall become
binding.
3. The person making the vow must be adult,
sane, intent on carrying out the vow, have free
choice and access to that which is related to
his vow.
4. That which is vowed should be identifiable
and affordable. |
* So, should I
take it that, if a person makes a vow according
to the conditions you have mentioned, he should
be expected to fulfill such a vow? |
- Yes, it becomes
binding on him to carry out his vow, be it
commission or omission of an action, during a
prescribed period or for a lifetime, or donating
anything. |
* What if the person, who made the vow, does
not comply with it out of choice? |
- Kaffarah shall
become due. That is emancipating a slave, or
feeding ten poor people, or clothing the same
number of poor people. |
* If the person could not do that because of
want, for example? |
- He should fast
three consecutive days. |
* If a person
makes a vow to donate some money to the holy
shrines, what could be the avenues of spending
that money? |
- It could be
spent on repairing, maintaining, lighting,
carpeting, heating and air conditioning the
shrine. That is, if the donor did not specify
any of these avenues, or others. |
* Should the
person making the vow specify his donation to
the person of, say, the Prophet (s.a.w.) or the
Imam (a.s), rather than the building, how is it
going to be spent? |
- The donated
money could be distributed to the poor among the
visitors of the shrine or spent on maintaining
the building. |
* Should a
person have a strong inkling that they made a
certain vow, is it compulsory on them to fulfill
it? |
- Yes, if they
were absolutely sure.
If someone made a pledge to Allah Almighty to do
something or refrain from committing a certain
action, he must fulfill that pledge. |
* Does this
mean that a pledge is like a vow, in that it
shall not be in order, unless it caters for a
particular wording that includes the Name of
Allah? |
- Yes, and
furthermore the commission or omission of the
action should be acceptable, from a personal
standpoint, and lawful from a religious
perspective.
It is worth noting, though, that the same
conditions, I explained earlier, which apply in
the case of a vow, apply in the case of a
pledge. |
* Should the person who made the pledge
deliberately choose not to fulfill it, what
shall be the ruling? |
- He must make up
for flouting the pledge by paying a kaffarah
(expiation). In this case, it is either setting
a slave free, feeding sixty poor people, or
observing fasting for two consecutive months.
Insofar as oath is concerned, it should be
fulfilled. If it was intentionally broken, the
kaffarah shall be either emancipating one slave,
or feeding or clothing ten poor people. In the
event of inability to come up with any of these,
fasting three days in a row should suffice.
Central to the oath is the wording, i.e. it
should be linked to the Name of Allah, such as
“By Allah, or I swear by the Almighty, I shall
do this or that”. The action, or otherwise,
resulting from fulfilling the oath ought to be
acceptable and affordable; it should also be
lawful from a religious standpoint. It should
still be sound, if he swore for a worldly gain.
The person making the oath should be adult,
sane, exercising free will, and clear in his
mind as to the consequences of the action. |
* If someone said to another, “By God, you
have to do this or that”, would this be deemed
as oath? |
- An oath does not
extend to include asking, or ordering, other
people to carry out certain actions. Also, it
does not cover the past. Thus, such oaths have
no consequence,
An Oath shall not become binding on the son, if
his father banned him from doing certain things.
Neither shall it become binding on the wife, if
she flagrantly disobeyed the orders of her
husband.
If either makes an oath without the permission
of either the father or the husband, they can
undo the oath. |
* A person could make an oath on the veracity
of his honesty, for example. Is it all right? |
- Genuine oath is
permissible, yet makrouh.
As for false oath, it is forbidden; it could be
among grave sins, unless it is made out of
necessity. |
* In what way? |
- For example, if
the person making the oath was aiming at warding
off oppression from himself or his fellow
believers. The circumstances may warrant the
engaging in false oath to avert danger to one’s
life, honour, or those of his brethren. However,
if there was room for equivocation (tawriyah),
[he may resort to it]. |
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