Chapter on Oaths and Vows

An oath (yamin) is a solemn affirmation using one of the names or attributes of Allah, binding a person to perform or abstain from an action. A vow (nadhr) is a voluntary commitment to Allah to perform an act of worship contingent on a desired outcome or expressed as an unconditional dedication. Ibn Abi Zayd al-Qayrawani addresses both topics within the Maliki juristic framework.

The Maliki school recognizes several categories of oaths. A binding oath (yamin mun'aqidah) is one sworn by a name or attribute of Allah with sincere intention regarding a future act — such as 'By Allah, I will do such-and-such' or 'By Allah, I will not do such-and-such.' Such an oath, if violated deliberately, requires expiation (kaffarah). A frivolous oath (yamin laghw) is one that slips from the tongue without intention, often affirming something believed to be true — this requires no expiation, as Allah says: 'Allah does not hold you responsible for the unintentional in your oaths' (al-Baqarah: 225). An oath sworn by other than Allah — by one's father, by one's honor, by the Ka'bah — is not a binding oath in the juristic sense and does not require expiation, though it is prohibited and considered a lesser form of shirk in some hadiths.

The expiation (kaffarah) for violating a binding oath is specified in the Quran (al-Ma'idah: 89). It is one of three, in order of preference: feeding ten poor persons with the average of what one feeds one's own family, or clothing ten poor persons, or freeing a slave. If none of these is possible, then fasting three days. The Maliki school holds that one may choose freely between the first three options; the fast is only a last resort.

A vow (nadhr) may be of two types: a conditional vow (nadhr mubah), such as 'If Allah heals my sick parent, I vow to fast three days for Allah' — if the condition is fulfilled, fulfilling the vow becomes obligatory. An unconditional vow (nadhr mutlaq) is a dedication directly to Allah without a condition, such as 'I vow to pray two extra cycles tonight.' The Maliki school treats both as obligatory once spoken with sincere intention.

The Maliki school holds that it is disliked (makruh) to make vows, as the Prophet said: 'Do not vow, for a vow does not change the decree of Allah — it only serves to extract (spend) from the miser.' However, once made, a vow must be fulfilled or expiated if it cannot be fulfilled. If the vow is for an act of disobedience, it must not be fulfilled, and the kaffarah for oaths applies as compensation.

A vow made to give charity, to fast, to pray additional prayers, or to perform umrah or hajj is binding. If the person dies before fulfilling it, the Maliki school holds that the heirs must fulfill it on behalf of the deceased from the estate, or fund its performance — particularly in the case of hajj and financial charity.