Vows in Islam: A Comprehensive Guide
What has come concerning vows, 1st Lesson | Benefits from Muntaqaa Ibn Al-Jarood
بســـم اللــه الرحــمــن الـرحـــيــم
◾Benefits from Muntaqaa Ibn Al-Jarood, Summarisation of the Chapter: what has come concerning vows, 1st Lesson◾️
By Shaykh, the ‘Allaamah, the Sincere Advisor, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him
The definition of An-Nadhr
It is making obligatory upon oneself what is not obligatory.
▪️An-Nadhr is bound by speech and not mere intention, due to the hadith.. verily Allaah ﷻ has overlooked my ummah what their inner-voice says so long as they don’t act or speak (openly).
Ibn Qudaamah may Allaah ﷻ have mercy on him said: “The origin of An-Nadhr is in the Book and the Sunnah and consensus.
▪️ An-Nawawi may Allaah ﷻ have mercy on him said: “The Muslims unanimously agreed on the correctness of An-Nadhr and the obligation of fulfilling it if it is to do with obedience.”
And An-Nadhr is not specific to this ummah. As it comes in the story of Maryam, Allaah ﷻ said concerning her;
( نَذَرْتُ لِلرَّحْمَٰنِ صَوْمًا)
“Verily! I have vowed a fast unto the Most Beneficent.”
The statements of the scholars concerning the ruling of An-Nadhr
The first opinion: Disliked and the majority are upon this; because it doesn’t change what’s preordained, and it is making stipulations on his Lord, like the statement if my lost item is found then I will do such and such, and in it is stipulating on oneself what Allaah ﷻ did not make obligatory.
➡️ The second opinion: Prohibition…. and Shaikh ul Islam leaned toward this.
➡️ But the directing of Ibn Qudaamah is a strong directing when he said: “If it was prohibited Allaah ﷻ would not have praised the one who fulfilled their vows.”
The third opinion: Recommended.
So it became three opinions;
The first opinion: Disliked and the majority are upon this.
The second opinion: Prohibition.
The third: Recommended.
➡️ The conclusion that it is disliked as has preceded, not prohibited or recommended.
Issue:
How can vowing be disliked or prohibited then Allaah praised the one that fulfilled it?
Firstly: An-Nadhr is disliked and it is the correct opinion due to the evidence. But praising the ones who fulfill it because Allaah ﷻ made it obligatory upon the vower to fulfill his vow. If it’s a vow of obedience so the vower is complying to the command of Allaah ﷻ in that regard and Allaah loves it due the compliance of His command by fulfilling it.
932 – Muhammad bin Yahya narrated to us, he said ‘Abdurrazaaq narrated to us, he said Ma’mar informed us, on the authority of Hamaam bin Munabbih, he said: “This is what Abu Hurairah, may Allaah be pleased with him, narrated to us from Muhammad the Messenger of Allaah ﷺ, and the Messenger of Allaah ﷺ said: “An-Nadhr does not bring the son of Adam anything which I haven’t already decreed for him, but the An-Nadhr coincides with something I have decreed for him, i extract with it from the stingy person what he wasn’t giving me before it.”
The hadith is Qudsi, he said: Allaah ﷻ said, and the pre decree is from Allaah.
Explanation of the hadith
- 1 – An-Nadhr is not bound to impossible things.
- 2 – And it is not bound from one that hasn’t reached the age of puberty.
- 3 – And it is not bound without speech.
🔹 An-Nadhr extracts from the stingy person, and it doesn’t repell the preordained, and the Prophet ﷺ discouraged from it, and it doesn’t bring about any good nor does it repel evil. And An-Nadhr was in the previous nations and it is not from the distinguishing factors of this ummah.
The ruling of An-Nadhr after it has been uttered
Obligatory to fulfill it whenever it is correct with all its conditions due to the statement of Allaah…
( وَلْيُوفُوا نُذُورَهُمْ)
“and fulfill their vows”
and the statement of the Prophet ﷺ: “Whoever vows to obey Allaah ﷻ then let him obey Him and whoever vows to disobey Him then let him not disobey.”
[And this ruling is after it has been uttered; because the one vowing has made it obligatory on himself.]
↪️The expiation for Nadhr is the expiation for Al-Yameen
The expiation for Al-Yameen: Feeding 10 poor people or clothing them, or freeing a slave, and there is no order in these three, he has the choice to choose to do anyone he wants, but if he is incapable to do it, and he is not able to do one then he fasts 3 days, and fasting is not correct except after incapability of fulfilling one of the following matters.
Allaah, the Most High, said:
(لَا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الْأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تطعمون أهليكم أو كسوتهم أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْ كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَشْكُرُونَ)
“Allah 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 Masakin (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 expiration for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). Thus Allah makes clear to you His Ayat (proofs, evidence, verses, lessons, signs, revelations, etc.) that you may be grateful.”
The ruling of commencing on An-Nadhr📚
He (Ibn Qudaamah) in ‘Al-Mughni’ said: “It is not recommended; because Ibn Umar reported from the Prophet ﷺ that he discouraged from An-Nadhr and that he said: “It doesn’t bring about any good, verily it extracts from the stingy person,” and this is discouragement of dislike not it being haraam; because if it was haraam, the ones who fulfilled it would not have been praised; *because their sin in perpetrating that which is prohibited is greater than then their obedience in fulfilling* and because An-Nadhr if it was recommended the Prophet ﷺ would have did it and his noble companions may Allaah ﷻ be pleased with them.”
Benefit: All vows that do not contain disobedience or that which is disliked is a vow of obedience.
So he is between two options:
Either he fulfills it and there is nothing upon him or if he cannot bear it then upon him is the expiation of Al-Yameen.
Ibn Qudaamah said : “There is no difference in it because An-Nadhr is worship just like Hajj and Umrah.”
If he vows a vow of disobedience then he doesn’t fulfill it at all and the expiation (upon him) is the expiation of Al-Yameen, and the majority scholars opposed this and the correct opinion is that the expiation of Al-Yameen is upon him due to the statement of the Prophet ﷺ: *(An-Nadhr is two, so whatever is for Allaah then it’s expiation is fulfilling it and whatever is for Ash-Shaytaan then there is no fulfilling and upon him is the expiation of Al-Yameen.)* And this is what Aa’ishah, may Allaah be pleased with her, did with Ibn Az-Zubair when he intended to prevent her
So she vowed not to speak to him, then he sought pardon from her and that she spoke to him, so she spoke to him and freed 40 slaves…. the hadith is in Bukhari, and the hadith of this chapter.
(The divisions of general Nadhr)
Ibn Qudaamah, may Allaah have mercy on him, said in summary the speech concerning An-Nadhr is eight types:
1 – The unspecified vow: and it is that which no specification is made in it like saying by Allaah Nadhr is upon me, or a Nadhr to Allaah is upon me if I do this, or if I don’t do this.
2 – A vow out of anger or argumentation: and it is that which comes from the same angle as an oath, for the prevention of a thing, or encouragement of it, like the statement: if you enter this house then by Allaah upon me is Hajj, or a year fast, or freeing my slave, or giving my wealth in charity, so this is an oath and it is attaching the vow to a condition, the vower intends by it forbiddence of the thing which is sworn, or encouraging it, or believing it if it is news.
3 – Recommended vow
Recommended vow like intending to fast tomorrow, so if he fasts he fulfills his vow, and if he doesn’t uphold that upon him is the expiation.
4 – Disliked vow and the disliked is like to vow to drink standing, so if he doesn’t abide by it then upon him is the expiation.
5 – Vow of disobedience it is not allowed to fulfill it and upon him is the expiation by unanimous agreement.
6 – Vow of righteousness (obedience) like saying upon me is fasting such and such not for the sake of anything and this is obligatory to fulfill and whoever is not able then his expiation is the expiation of Al-Yameen.
7 – Obligatory vow
Obligatory vow: and it is to vow to do an obligation from the obligations which are obligatory by the legislation like the obligatory prayers, or Hajj of Islam, or fasting Ramadhaan, or other than that.
And the permissible vow:
Like wearing clothes or riding beasts.
8 – Impossible vow like the one who vows to fly in the sky.
↪️ The second issue: Conditions of a vow, and it’s wordings.
1 – Conditions of a vow: A vow is not correct except from an adult, with intellect, choosing, so it is not accepted from a child, nor from the insane nor from the one forced; due to the statement of the Prophet ﷺ: “The pen has been lifted from three…” the hadith, and his statement ﷺ: “Verily Allaah has forgiven my ummah for mistakes…” the hadith, and it has preceded many times.
2 – The wording of vows:
Forms of vows and their wording like saying: (by Allaah upon me is to do such and such) or (upon me is such and such vow) and the likes of this from the wordings which are explicit in mentioning a vow.
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The vow which one is incapable of fulfilling
Whoever vows with something he is incapable of fulfilling then upon him is the expiation of Al-Yameen.
Example: Like vowing to perform Hajj walking and he is incapable. He expiates the expiation of Al-Yameen and rides.
Conclusion:
That all vows have expiation in them so whoever vows a vowing of obedience or permissible then upon him is to fulfill it and whoever cannot then upon him is the expiation.
And the prohibited and disliked vow are not binding to fulfill and the expiation is upon him. And whoever dies and upon him is a vow, his guardians fulfill it on his behalf and the majority of scholars went towards the opinion that whoever dies and has a vow related to wealth upon him then it is obligatory to be taken from his capita even if he did not bequest it before distribution of the inheritance.
From the benefits of the hadith of Abu Israa’eel
On the authority of Ibn Abbaas, may Allaah ﷻ be pleased with them both, he said: “While the Prophet ﷺ was walking suddenly there was man in the masjid standing so he asked about him, they said:” This is Abu Israa’eel, he vowed to stand and not sit nor take shade or speak while fasting,” so he (Prophet ﷺ) then said: “Order him to speak and take shade and sit and complete his fast.”
↪️ The vow of Abee Israa’eel contains two things
A vow of obedience and a vow of hardships
And indeed Allaah has relieved this ummah of being overburdened and it is not from the intent of the legislation to be causing harm to oneself.
And from it is the hadith: No causing harm to oneself or others.
And this hadith is a foundation in refuting taking initiatives in bettering things in the religion.
And a foundation in the prohibition of exaggeration and transgressing the boundaries.
And a foundation in refuting newly invented matters.
And a foundation that the religion is tawqeefee not an affair of unrestricted things.
And a foundation in mercy.
And a foundation that the religion is easy.
And a foundation in rebuking the evil and commanding the good.
And foundation in correcting the mistake.
And a foundation in the nature of human beings that they seek shade and speak.
And the foundation that humans speak good and remain silent from evil.
And in this hadith is that humans race to forbid the evil from the get go in order that it doesn’t spread amongst the people.
And in this hadith is the clarification that the reward is upon the level of hardship in accordance with what agreed with the legislation, not upon its totality.
Shaykh ul Islam, said: The reward being according to the hardship upon its totality, is not correct.* There could be hardship in innovation but there is no reward for it.
The vow which doesn’t have fulfilling in it
In it is the of Anas bin Maalik that the Prophet ﷺ saw a man being carried with his arms wrapped around the neck of his two sons so he (Prophet ﷺ) said: “What is this”, They said, “He vowed to walk to the house (Ka’bah), so he (Prophet ﷺ) said, “Allaah is not in need of the punishment of this one to himself”, so he ordered for him to be mounted.”
In this hadith:
Is that Allaah does not accept hardship from his servants upon themselves, and that is not from his legislation, rather from his mercy is that he makes it easy upon his servants and that he does not burden them with what they cannot bear.
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↪️ The vow of a disbelievers before his accepting Islaam
Whoever vows before he accepts Islam then let him fulfill his vow after his accepting Islam if it is a vow of obedience.
And if it is disobedience then upon him is expiation, and it is said that Islam wipes away what came before it, but what is more closest to the correct opinion is that expiation is upon him.
An-Nawawi, may Allaah mercy on him, said: “The vow of a disbeliever is correct if it is after his Islam and it is obedience.
🔹 And in it is that Umar may Allaah be pleased with him was ordered by the Prophet ﷺ to fulfill his vow after he accepted Islam and it was I’tikaaf in the Masjid Al-Haraam.
↪️ Conclusion:
That the vows of the idol worshippers in the state of disbelief is not correct but after Islam they accept Islam they fulfill their vows and if they cannot they expiate the expiation of Al-Yameen.
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Whoever dies while having fasts upon him, his guardians fast upon his behalf
↪️ And the vowing to pray, none can fulfill on one’s behalf. By consensus
↪️ And fasting, and Hajj are allowed for someone to fulfill on one’s behalf. An-Nawawi, may Allaah ﷻ have mercy on him, said: “The scholars differed concerning the one whom died and upon him were vows of fasting or expiation or obligatory.
↪️ And what is correct:
His guardians fast on his behalf and it is the correct opinion, and it is said they feed one poor person.
Who are the guardians of the deceased
The guardians of the deceased who fast on his behalf are the close relatives to the deceased whether they are inheritors or non inheritors and it is the correct opinion and other than the guardian are allowed to fast if permission is given by the guardians.
Vowing to pray in Masjid Al-Haraam:
945 – Az-Za’faraani narrated to us, he said Yazeed bin Haarun narrated to us, he said Hamaad bin Salamah informed us, on the authority of Habeeb Al-Mu’allim, on the authority of ‘Ataa, on the authority of Jaabir, may Allaah ﷻ be pleased with him, that a man vowed to pray in Bayt Ul-Maqdis, so the Messenger of Allaah ﷺ said to him: “Pray here”, meaning in Masjid Al-Haraam, so he said: “O Messenger of Allaah I made a vowed to pray in Bayt Ul Maqdis, so he said: “Pray here.”
↪️ In this hadith: Is that the Prophet ﷺ guided him to that which was better than his vow and it is praying in Masjid Al-Haraam.
↪️ Whoever vows to pray in Masjid Al-Haraam, then his guardian does not pray on his behalf and his expiation is the expiation of Al-Yameen and as for fasting his guardian can fast on his behalf if he vows, even if it is an obligatory fast according to the correct opinion. And it is not obligatory on his guardian to fast but it is recommended.
↪️ Whoever vows to pray in Masjid Al-Haraam it is not sufficient if he prays in other than it because it is the most virtuous masjid.
↪️ Whoever vows you pray in Masjid Al-Aqsaa then it suffices for him to pray in Masjid Al-Haraam.
↪️ Whoever vows to pray in Masjid Al-Aqsaa then it suffices him to pray in Masjid An-Nabawi. And whoever cannot he expiates his oath.
Benefit
One should not travel in vow to pray in other than the three Masaajid due to what it intends of perpetrating something prohibited and it is the statement of the Prophet ﷺ: “Do not intend to travel to other than the three Masaajid.”
And Allaah is the granter of success
Transcribed to Arabic and summarised by:
By Hamood Ath-Thawaabi
– may Allah reward him with good –
on the 29th, Muharram, 1440H and
on the 13th, Safar, 1440H
Translated by:
Abu ‘Abdillah ‘Omar bin Yahya Al-‘Akawi