Various Benefits and Rulings 3

Posted by Firdaws on October 14th, 2019

By: learn Quran online

, if the oath fulfills the following four conditions:

1) The oath is made intentionally. If someone merely says, “By Allah” or, “No, by

Allah,” in passing conversation without his heart intending a solemn oath, this is

called unintentional oath (Laghuw) and is not an oath that should be expiated; 2)

The oath is made for doing something of the future which is possible, and not of

some undefined unknown past thing, in mere conjecture in which he deems himself

true, in a lie (which is called Yameen al-Ghamoos and 1s a grievous sin), or about

some future event in which he thinks will truly happen and yet it does not; 3) The

person swearing the oath does it upon his free will without any compulsion; 4) The

person who swears that oath does not act according to his oath or does what he

swears not to do.

The person who swears an oath and makes it conditional by saying, “Insha-

Allah” Gf Allah wills) does not have to expiate and compensate for that oath on two

conditions: 1) That the condition of “if Allah wills” was directly connected with the

sentence of swearing the oath; 2) That the person intends to make the oath

conditional, like by saying “Wallah, Insha-Allah” (by Allah, if Allah wills).

It is Sunnah for the person who swears an oath about something and then sees

that something else is more beneficial to expiate that oath and to go for that which

is better.

m@ The expiation for the oath (Kaffarat-al-Yameen) 1s: to feed ten needy people,

each of them a half of a Saa’ (approximately a kilo and a half) of food or to clothe

them or to free a slave. Those who are too poor and do not find the wherewithal to

pay this compensation must fast three consecutive days. It does not suffice to fast

for those who have the wealth to pay this amount.

It 1s allowed for the person to pay the compensation either before or after he

breaks his oath. One act of compensation suffices the person who swore the same

oath more than once. However, if he made the oath for more than one thing, then

each oath needs separate expiation.

M@ Remembrance of Allah in and outside the prayers does not count unless the

person actually verbalizes it so that he can hear himself without annoying others.

@ Vows (Nadhr). There are various types of vows: 1) A general, unspecified

vow, like when someone says: “I make a vow that if Allah heals this sick person’,

but does not mention a definite thing to do. In this case, one must expiate for this

vow just the way he would expiate for an oath if he gets cured.

2) Vow in argumentation and anger, like when a person makes his vow conditional

upon something else with the intention of encouraging or discouraging himself from

doing something, for instance if he says, “If I speak to you I will fast for an entire

year.” The person can either fulfill what he pledged or expiates for this vow like the

compensation of Kaffarat-ul-Yameen above.

3) The vow which 1s allowed, like to say, “I make a vow I will wear my clothes”

and the ruling of this is that he has the choice to fulfill his vow or to expiate for it

the way he would expiate for an oath (Kaffarat-ul- Yameen)

4) The vow which is disliked, like to say, “IJ make a vow I will divorce my wife.”

The ruling here is that it is the Sunnah to make the Kaffarat al-Yameen and not to

fulfill the vow. However, if one fulfills such a vow, then he does not have to make

the Kaffarah.

5) Vow of disobedience, like to say, “I make a vow I will steal.” The ruling here is

that it is prohibited for him to fulfill this vow and it is obligatory to make the

Kaffarat-al-Yameen. If he does fulfill it, he 1s sinful yet there 1s no Kaffarah.

6) Vow to do an act of obedience, like to say, “I make a vow I will pray this

obligatory prayer’, intending to come closer to Allah by this. If one makes that vow

conditional upon something else, like getting cured from an illness, he must fulfill

what he pledged if that condition occurs. If the vow is not conditional upon

something else, then one should absolutely fulfill it.

M@ Wet nursing and suckling (Rada’ah) : The prohibitions concerning contracting

marriages due to relations by suckling is just like those of blood relations if three

conditions are fulfilled: 1) That the milk is produced by childbirth, not by some

other reason; 2) That the suckling is within the two years of the baby’s life; 3) That

the baby is breastfed five definite separate times of suckling or more. What is meant

by suckling here 1s to suck the nipple of the breast until milk is extracted, and it is

not necessary that he becomes fully satisfied. Rada’ah does not establish the right

of continual payment of expenses or of inheritance.

@ Last will and testimony (Wasiyyah): ' To make a last will and testimony 1s

obligatory for the person who owes other people something for which they do not

have a proof or legal document. In this case, he wills the fulfillment to those people.

It is a Sunnah for the wealthy person to bestow a fifth of his wealth to the poor

' Note that the last will and testimony mentioned here is other than the inheritance rights that are

determined amounts given by obligation to the specific categories of relatives as enumerated in

detail in the Qur’an and Sunnah.

relatives who are not of his legal inheritors (as determined in Islamic law) or to

some poor people or scholars or righteous persons.

It is disliked that a poor person bequeaths some of his property when he has

inheritors, unless those heirs are wealthy as, in that case, it is allowed. It is

forbidden to bequeath more than a third of one’s wealth to other than his inheritors.

It is also forbidden to bequeath even a small amount small to the determined

inheritors unless the other heirs allow it after his death.

The will is void if the testator says, “I have gone back on this,” “I have nullified

this,” “I have changed my mind,” or likewise.