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A mother breaching her vow

Q: My mother vowed to do something but did not fulfill the vow, not because she could not afford to do so, but for other reasons. The story is that my elder brother was deluded by Satan and had a quarrel with one of his colleagues during which he stabbed the latter to death. The family of the victim did not waive their right to Qisas (just retaliation) against my brother. Benevolent people tried to help to bring about reconciliation so that the family of the victim might waive their right to Qisas, but they could not. Benevolent people tried again along with the judge of the case, may Allah reward him with the best, to bring about such reconciliation. It was the Will of Allah that the family of the murdered accepted then to waive their right to Qisas. The point is that my mother made a vow that (Part No. 23; Page No. 212) if her son (my elder brother) were spared from Qisas, she would give to whomever brought about a reconciliation between the two sides, two containers of dates on a yearly basis as long as she lived. Since the judge of the case was, after Allah (Glorified and Exalted be He), the reason behind the reconciliation; my mother has actually once sent him two containers of dates with the mediator who knows the judge. However, this mediator came back to us after a while, delivered to us a sum of one hundred and fifty riyals that the judge gave him, and told us that the judge said he was not in need of dates. The mediator then died and the judge moved from the court where he used to work. We searched for the judge but in vain. It may be worth mentioning that this happened about fifteen years ago and that my mother is now old. Please provide us with your beneficial answer. May Allah reward you.


A: It is Wajib (obligatory) on your mother to offer a kaffarh (expiation) for her oath, because this vow is similar to an oath. The Kaffarah is to feed ten needy people, to clothe them, or to free a believing bondsman, or in case of the inability to fulfill any of these options, to observe Sawm (Fast) for three days. A proof for this is what Allah (Glorified be He) stated in Surah Al-Ma'idah: Allâh will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation feed ten Masâkîn (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 expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). Thus Allâh make clear to you His Ayât (proofs, evidence, verses, lessons, signs, revelations, etc.) that you may be grateful. (Part No. 23; Page No. 213) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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