النص المفهرس

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الفَصلُ الثَّالِثِ
SECTION III
BREAK UNREASONABLE OATH & MAKE AN EXPIATION FOR IT
(٣٤٢٥) عَنْ أَبِ الْآَخْوَصِ عَوْفٍ بْنِ مَالِكٍ عَنْ آَيْءٍ قَالَ قُلْتُ يَا رَسُوْلَ اللّهِ أَرْ أَيْتَ ابْنَّ عَرٍّ لِى أَتِهِ أَسْأَلَّهُ فَلَا
يُعْطِيْنِى وَلَا يَصِلُنِيْ ثُمَّ يَحْتَاجُ إِلَىَّ فَيَأْتِيْنِ فَيَسْئَالُنِيٍ وَقَّدٌ حَلَفْتُ آْ لَّا أُعْيِيَهُ وَلَّا أَصِلَهُ فَأَمَرَنِي آَنْ اَِّ
الَّذِى هُوَ خَيْرٌ وَأُكَفِّرَ عَنْ يَمِيْنِى رَوَاهُ النََّائِىُّ وَابْنُ مَاجَهَّ وَفِيْ رِوَايَةٍ قَالَ قُلْتُ يَا رَسُولَ اللُّهِ يَاتِيْنِى ابْنُ
حَِى فَأَحْلِفُ أَنْ لَا أُعْطِيَهُ وَلَّا أَصِلَهُ قَالَ كَفِّرُ عَنْ يَمِيْنِكَ۔
3425. Sayyiduna Abu Al-Ahwas ibn Maalik usan +, narrated on the authority of his
father that he said (to the Prophet صلى الله عليه وسلم), "O Messenger of Allah, what do you
say about my cousin (paternal) who, when I go to him for something (that I need) ,
does not give me anything, and does not treat me kindly? When he needs (anything
from) me, he comes to me and asks me for something. I have sworn not to give him
anything and not to treat him kindly."
He commanded him to do that which is better (and help him and treat him kindly)
and make an expiation for his oath.
According to the version in Ibn Majah, he said, "O Messenger of Allah, my cousin
comes to me but I swear that I shall give him nothing nor treat him kindly." He
said, "Make an expiation for your oath."1
CHAPTER - IV
بَابُ فِى النُّذُؤْرِ
(AN-NUDHUR)VOWS
SECTION I
الْفَضلُ الآوَلْ
VOWS ARE INEFFECTIVE
(٣٤٢٦) عَنْ آَيْ هُرَيْرَةَ وَابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تُنْذِرُوا فَإِنَّ النَّذَّرَ لَا
يُغْنِى مِنَ الْقَدَرِ شَيْئًا وَإِنَّمَا يُسْتَخْرَُ بِهِ مِنَ الْبَخِيُلِ- (متفق عليه)
3426. Sayyiduna Abu Hurayrah رضى الله عنه and Sayyiduna Ibn Umar رضى الله عنه narrated
that Allah's Messenger صلى الله عليه وسلم said, "Do not make vows, for, a vow removes
nothing of the decree. And, it only causes something to be spent from the (property
of the) miser."2
COMMENTARY: The concluding words of the hadith, define very delicate difference
between the generous and the miser in spending in Allah's path. The former does not need
a vow to get him to spend while the latter will not part with his money easily, but only
make it conditional to having his wish fulfilled. The generous walks on the path of
sacrifice and the miser takes the path of selfishness.
Some ulama (Scholars) cite this hadith to say that it is makruh (disapproved) to make a
vow. But Qadi aldas, has explained that generally people link a vow to getting something
1 Nasai #3788, Ibn Majah # 2109, Musnad Ahmad 4-136.
2 Bukhari # 6609, Muslim # 5-1640, Nasai # 3805, Ibn Majah # 2123, Musnad Ahmad # 2-118.

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and fulfilling their need (and they spend in Allah's path with this in mind). The Prophet
y tle À o forbade such kind of spending because it is what the niggardly does. The
generous hastens to spend in Allah's path and gains nearness to Him and His pleasure.
The miser will not part with his money unless his selfish ends are met, and he makes a vow
but decree cannot change because of that.
Some people say that this hadith disallows making a vow so that one may not be lethargic
in fulfilling it because to honour it is wajib (obligatory).
Some others say that the disallowance is to prevent the belief that a vow alters Divine
decree. It is only from this point of view that vows are disallowed. They are not
prohibited absolutely.
DO NOT FULFILL VOW IF I~ CALLS FOR SIN
(٣٤٢٧) وَعَنْ عَائِشَةَ آَكَّ رَسُولَ اللهِ صَأَّ اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ تَذَرَ آَرْ يُطِيْعَّ اللّهُ فَلْيُطِعْهُ وَمَنْ نَذَّرَ
آُ يَعْصِیدفَلَا يَعْصِە۔(رواه البخارى)
3427. Sayyidah Ayshah !رصى ث عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"He who vows to obey Allah (by doing what entails obedience to Him) must obey
Him. But, he who vows to disobey Allah must not disobey Him" (meaning that he
should not fulfill the vow).
(٣٤٢٨) وَعَنْ عِمْرَاتَّ بْنِ حُصَيْنٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ لَا وَفَاء لِنَذَرٍ فِيْ مَعْصِيَّةٍ وَلَّا فِي
مَا لَا يَمْلِكُ الْعَبْدُ - رَوَاهُ مُسْلِمْ وَفِيْ رَوَايَةٍ لَّا نَذْرَ فِيْ مَعْصِيَّةِ اللهِ
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Imran ibn Husayn .3428
, said, "A vow that is a means to disobedience to Allah should not be honoured,
and so a vow should not be fulfilled to do what one has not power to do."
According to another version (in Muslim): "No vow must be taken to disobey Allah."1
COMMENTARY: If anyone vows to organize a musical function if his prayer is granted, or
to please Allah by having a qawwali sung, then it is not allowed to fulfill this vow. Also,
. no expiation is wajib (obligatory) for not fulfilling the vow. This is to what Imam Maalik tas,
à and Imam Shafi'I ats», subscribe, but according to Imam Abu Hanifah anas, expiation for
this oath is wajib (obligatory), nevertheless.
The second portion of the hadith says that it is not allowed to fulfill a vow for something
which one does not possess or cannot exercise control over it. For example, if a person
makes a vow to set free a slave who belongs to someone else or to give away something
that is another's property, then, because the vow is not correct, it is not binding on him to
free the slave or give that thing.
EXPIATION FOR A VOW
(٣٤٢٩) وَعَنْ عُقْبَةَ بْنِ عَامِرٍ عَنْ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ كَفَّارَةُ النَّذَرِ كَفَّارَةُ الْيَمِيْنِ - (رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Uqbah ibn Aamir .3429
1 Muslim # 8-1641, Abu Dawud #3316, Ibn Majah # 2124, Darimi # 2337, Musnad Ahmad 4-430.
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, said, "The expiation for a vow is like the expiation for an oath."1
COMMENTARY: If anyone does not specify anything when making a vow, saying only.
"I make a vow," then an expiation will be wajib (obligatory) on him. If he takes a vow to fast
without specifying how many, then it will be wajib (obligatory) on him to fast three days. If
he takes a vow to give sadaqah (charity) but does not say how much, then it will be wajib
(obligatory) on him to feed ten people as against sadaqat ul fitr.
THE PART OF VOW THAT IS IMPOSSIBLE MAY BE LEFT OUT
(٣٤٣٠) وَعَنِ ابْنِ عَبَّاسٍ قَالَ بَيْنَا النَّبِىُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَخْتُبُ إِذَا هُوَ بِرَجُلٍ قَائٍِ فَسَأَلَّ عَنْهُ فَقَالُوا
أَبُ إِسْرَائِيْلَ نَذَرَ أَنْ يَقُوْمَ وَلَا يَقْهُدَ وَلَا يَسْتَظِلَّ وَلَا يَتَكُلَّمَ وَيَصُوُمَ فَقَّالَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
مُرُؤُهُ فَلْيَتَكَلَّمْ وَلْيَسْتَظِلَّ وَلْيُقْهُدُ وَلْيُتِزَّ صَوْمَه- (رواه البخارى)
3430. Sayyiduna Ibn Abbas رضى الله عنه narrated that while the Prophet صلى الله عليه وسلم was
delivering a sermon, he beheld a man standing. So, he asked about him. They (the
sahabah,,s &+) said, "He is Abu Israil. He has taken a vow that he would stand
and not sit and not go into the shade and not speak, but would fast (perpetually)."
The Prophet صلى الله عليه وسلم said, "Instruct him to speak, go into the shade, sit and
complete his fast."2
COMMENTARY: The prophet commanded the man to complete that part of his vow as
was possible for him ,and to give up that which was not possible to do. He was
commanded to fast as per his vow always because it is necessary to fulfill a vow to obey
and worship. To fast always is a better deed for one who is able to do it, but this excludes
the five fasts that are forbidden by shariah. If anyone forms an intention to fast on these
five days too then it is wajib (obligatory) on him to break these fasts, and according to the
hanafis it is wajib (obligatory) on him to make an expiation for that. Among the things that it
was not possible for him to do at all was 'not to speak.' According to Shari'ah (divine law),
it is simply impossible not to speak always because sometimes it is wajib (obligatory) to
speak. Examples are: recitation of the Qur'an in the salah (prayer), giving a response to the
greeting (of salaam), to neglect which is a sin. Similarly, it is not within a man's power to
never sit and never go in the shade.
(٣٤٣١ - ٣٤٣٢) وَعَنْ آَنَّسٍ أَكّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ رَأْى شَيْئًا يُهَادِئْ بَيْنَّ إِبْنِيْهِ فَقَّالَ مَابَالُ هذَا قَالُوا
نَذَرَ أْ يَمْثِىَ إِلِى بَيْتِ اللَّهِ قَالَ إِنَّ اللّهُ تَعَالِى عَنْ تَعْذِيْبَ هذَا نَفْسَهُ لَغَنِيٌّ وَأَمَرَه اٌَ يَرُكَّبَ- مُتَّفَقُ
عَلَيْهِ وَفِيْ رِوَايَةٍ لِمُسْلِيٍ عَنْ آنِيْ هُرَيْرَةً قَالَ إِرْكَبُ آَيُّهَا الشَّيْخُ فَإِنَّ اللّهَ غَنِىٌّ عَنْكَ وَعَنْ تَذْرِكَ۔
3431. Sayyiduna Anas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم saw an old man
being led, supported (on their shoulders) by his two sons. He asked, "What is
wrong with him?" They (the sahabah (Prophet's Companions) (, àn >;) said, "He
has taken a vow that he would walk to BaytAllah." He said, "Allah, the Exalted, has
1 Muslim # 13-1645, Tirmidhi # 1528, Nasai # 3832.
2 Bukhari # 6704, Abu Dawud # 3300, Ibn Majah # 2136

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no need that this man should punish himself," and he instructed him to side.1
According to a version in Muslim:
3432. Sayyiduna Abu Hurayrah s &+, narrated that he said, "O you shaykh! (old
man) Ride, for Allah is not in need of (putting) you (to trouble) and of your vow.2
COMMENTARY: That man was unable to walk because he was feeble and old. This is
why the Prophet صلى الله عليه وسلم instructed him to ride.
Imam Shafi'I and>, abides by the hadith and says that a person who makes a vow to walk
and breaks it, to ride, will not have to make an expiation for breaking the vow.
Imam Abu Hanifah alus, says that he will be bound to slaughter an animal (meaning, like a
sheep) because he is unable to fulfill what he had bound himself to do. Imam Shafi'I ales,
gave a second verdict similar to it.
Mazhar alu, said that the ulama (Scholars) differ on the edict for a man who vows to go to
BaytAllah on foot. Imam Shafi'id >, says that if he has the strength to undertake the
journey then he must walk the distance otherwise he must slaughter an animal towards
expiation and ride to it. Imam Abu Hanifah ales, says that whether he is able or unable to
walk (throughout), he must ride a beast and slaughter an animal.
PILGRIMAGE WAJIB (OBLIGATORY): According to the Hanafis, if anyone pledges, 'I
bind myself to walk to BaytAllah,' then Hajj (pilgrimage) or umrah becomes wajib
(obligatory) on him. He may perform one of these based on the intention (he had formed).
If he pledges, "I bind myself to walk upto the Haram - or up to walk Masjid Haraam,"
then according to Iman Abu Hanifah alos, pilgrimage is not wajib (obligatory) on him, but
according to Imam Abu Yusuf al , and Imam Muhammad an , Hajj (pilgrimage) or
umrah remains wajib (obligatory) on him. If he says, "I bind myself to go to BaytAllah,"
then the unanimous verdict is that he is not clear and nothing is wajib (obligatory) on him,
neither Hajj (pilgrimage) nor umrah.
If anyone vows to perform Hajj (pilgrimage) on foot, then it is wajib (obligatory) on him to
walk from his home and use no kind of conveyance till he has performed tawaf ziyarat.
If a person vows to perform umrah on foot, he must not use any kind of conveyance till he
has showed his hed (as the final action).
If one who vows to walk uses a conveyance all through or part of the distance, with or
without an excuse, then it is wajib (obligatory) on him to make a sadaqah (charity)
equivalent to the price of a goat.
ARE HEIRS LIABLE TO FULFILL VOW OF PREDECESSOR
(٣٤٣٣) وَعَنِ ابْنِ عَبَّاسٍ آَكَّ سَعْدَ بْنَ عُبَادَةً إِسْتَفْتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي نَذَرٍ كَانَ عَلَى أُقِه
فَتُوَفِيَتُ قَبْلَ أَنْ تَقْضِيَهُ فَاقْتَاهُ أَنْ يَقْضِيَهُ عَنْهَا - (متفق عليه)
3433. Sayyiduna Ibn Abbas «à+, narrated that (Sayyiduna) sa'd ibn Ubadah ales,
requested the Prophet صلى الله عليه وسلم for an edict about a vow that his mother had taken
but had died before fulfilling it. He pronounced the edict for him that he should
fulfill the vow on her behalf.3
1 Bukhari # 1865, Muslim # 9-1642, Nasai # 3854, Musnad Ahmad 3-114.
2 Muslim # 1-1643, Ibn Majah # 2135
3 Bukhari # 6698, Muslim # 1-1638, Tirmidhi # 1546, Nasai # 3817, Ibn Majah # 2132, Musnad Ahmad 1-370.

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COMMENTARY: The ulama (Scholars) have different views on the nature of the vow
taken by the mother of Sayyidiuna Sa'd us a >). She may have not specified it, or
vowed to fast, or to set a slave free or to make a sadaqah (charity). According to the
version in daraqutni, the Prophet صلى الله عليه وسلم instructed Sa'd رضى الله عنه, "Provide water to
drink on her behalf."
The majority of the scholars say that if anyone takes a vow but dies before fulfilling it, then
his heirs are not bound to honour it on his behalf, if it is for something other than a
monetary pledge. Also, if he had vowed to make a monetary contribution but had left
nothing behind then too it is not wajib (obligatory) on the heirs to fulfill the vow. However,
if they honour it, that is mustahab (desirable).
The Zawahir say, however, that it is wajib (obligatory) on the heirs to fulfill the vow basing
their verdict on this hadith. Most of the ulama (Scholars) contend that the heir has not
made the vow wajib (obligatory) on himself so he is not liable to fulfill it. It will only be
mustahab (desirable) for him to fulfill it. As for this hadith, it does not make it wajib
(obligatory), Secondly, it is possible that the mother or Sayyiduna Sa'due àn +, may have
left a legacy and he could have been commanded by the Prophet's صلى الله عليه وسلم command
to do it voluntarily.
DO NOT GIVE AWAY EVERYTHING IN CHARITY
(٣٤٣٤) وَعَنْ كُعُبٍ بُنِ مَالِكٍ قَالَ قُلْتُ يَا رَسُولَ اللَّهِثَّ مِنْ تَوْبَّتِىْ أَنْ الْخَلِعَ مِنْ مَالِيْ صَدَقَةٌّ إِلى اللُّهِ
وَإِلَى رَسُؤْلِهٍ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَهْسِكْ بَعْضَ مَالِكِ فَهُوَ خَيْرٌ لَكَّ قُلْتُ فَإِنِّى أُمُسِكُ
سَهُمِىَ الَّذِى خَيْبَرَ- مُتَّفَقْ عَلَيْهِ وَهُذَا طَرَفْ مِنْ حَدِيثٍ مُطَّلٍ-
3434. Sayyiduna Ka'b ibn Maalik usan+, narrated that he submitted, "O Messenger
of Allah a perfect repentance from me demands of me that I should give away all
my property as sadaqah (charity) for Allah and His Messenger." There upon,
Allah's Messenger , à . said, "Keep with you some of your property. That
will be better for your." He submitted, "I withhold the share that I had received at
Khaybar" (of the booty of war).1
COMMENTARY: When the Prophet صلى الله عليه وسلم advanced with his army to the battle of
tabuk, three of the sahabah (Prophet's Companions) as an , did not accompany him.
They were: Ka'b a »), Murarah ibn Rabi als, and Hilal ibn Umayyah.
When he returned, he was very displeased with them and he instructed everyone to refrain
from speaking to them. They were very worried and repentance was accepted after some
days and this verse was revealed pardoning them:
وَعَلَى القَّلَاثَةِ الَّذِيْنَ خُلِّقُوا- الآية
{And (He relented) towards the three who were left behind.} (9: 118)
In gratitude thereof and to make his repentance perfect, Ka'b ibn Maalik usan +, offered all
1 Bukhari # 6690, Muslim # 53,-2769, Tirmidhi # 3102, Nasai # 3836, Musnad Ahmad 3-454, Abu
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his property towards sadaqah (charity) in Allah's name. He was instructed to retain some
of it for himself. The meaning was that he should keep two-thirds of his property with
himself and give away one-third towards charity.
The Prophet ,4,le a . did not allow him to give away everything because he might need
some for himself and then find it difficult to endure. The Prophet ,,le and always kept
the interest of all concerned in mind before giving any command.
.رضى الله عنه there also is the example of Abu Bakr ,رضى الله عنه Apart from this example of Ka'b
When he too brought all his property and presented it to the Prophet , an once, he
did not forbid him to do that because his nature was entirely different. We cannot even
imagine in the least at how high a degree of patience and trust in Allah he was. He was
pleased at Allah's pleasure. Howsoever difficult the circumstances, he was a paragon of
patience and reliance on Allah.
The complier of Mishkat has placed this hadith in this chapter of his book because
Ka'b's usano, saying resembles a vow that he had made something wajib (obligatory) on
himself though it was not binding on him in the peculiar circumstances (when his
repentance was accepted).1
SECTION II
الفضلالثانى
VOW TO SIN SHOULD NOT BE FULFILLED
(٣٤٣٥) عَنْ عَائِشَةً قَالَتْ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا نَذْرَ فِيْ مَعْصِيَّةٍ وَكَفَّارَتُهُ كَفَّارَةُ الْيَمِيْنِ-
(رواه أبوداود والترمذى والنسائى)
3435. Sayyidah Ayshah !رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"There is no vow of disobedience (to Allah), and the expiation for it is as the
expiation for an oath."2
COMMENTARY: See hadith # 2427, 2428. As regards expiation, Imam Abu Hanifah &m,
goes by this hadith. Imam Sahfi'I als>, holds that no expiation is liable.
EXPIATION FOR UNSPECIFIED VOW
(٣٤٣٦) وَعَنِ ابْنِ عَبَّاسٍ آَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنُ نَذَّرَ نَذْرًّا لَمْ يُسَمِّهِ فَكَفَّارَتُهُ كَفَّارَةُ
يَمِيِّنٍ وَمَنْ نَذّرَ نَذْرًا فِيْ مَعْصِيَّةٍ فَكَفَّارَتُهُ كَفَّارَةُ دَمِيْنٍ وَمَنْ تَذَّرَ نَذْرًا لَا يُطِيقُهُ وَكَفَّارَتُهُ كَفَّارَةُ يَمِيْنٍ وَمَنْنَذّرَ
نَذُّرًّا اطَاقَه فَلْتَفٍ بِهِ- رَوَاهُ ابَوُدَاوُدَ وَابْنُ مَاجَةً وَوَقَّقَهُ بَعْضُهُمْ عَلَى ابْنِ عَبَّاسِ۔
3436. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"If anyone takes a vow but does not specify it (whether he will fast or give sadaqah
(charity)), then the expiation for it as the expiation for an oath (when it is broken).
If anyone takes a vow to be disobedient (or sinful), then (it must not be fulfilled
and) the expiation for it is as the expiation for an oath. If anyone takes a vow to do
something beyond his power, then the expiation for it is as the expiation for an
1 See Tirmidhi V2 P 334 Hadith # 3113for a fuller hadith and Ka'b's account. (Darul Isha'at, Karachi)
2 Tirmidhi # 1529, Abu Dawud # 3290, 3292, Nasai # 3834, Musnad Ahmad 6-247.

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oath. And, if anyone takes a vow which he can fulfill then he must fulfill it."1
.رضى اللهعنهSome narrators make it mawquf at Ibn Abbas
COMMENTARY: The unspecified vow is when he says simply. "I take a vow."
ONLY THE VOW THAT IS LAWFUL
(٣٤٣٧) وَعَنْ ثَابِتِ بْنِ ضَّحَالٍ قَالَ نَذَرَ رَجُلْ عَلى عَهْدِ رَسُولِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَنْ يَنْحَرَ إِبِلًا
بُوَانَةً قَتُّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَأَخْبَرَةٍ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هَلْ كَانَ فِيْهَا
وَثَنْ مِنْ أَوْثَانِ الْجَاهِلِيَّةِ يُعْبَدُ قَالُوا لَا قَالَ فَهَلْ كَانَ فِيُّهَا عِيْ مِنْ أَعْيَادِهِمْ قَالُوْالَا فَقَالَ رَسُولُ اللّهِ صَلَّى
اللَّهُ عَلَيْهِ وَسَلَّمَ أَوْفٍ بِنَذَرِكَ فَإِنَّهُ لَا وَفَاء لِنَذْرٍ فِيْ مَعْصِيَّةِ اللهِ وَلَا فِيْمَا لَا يَمْلِكُ ابْنُ ادَمَ-(رواه ابوداود)
3437. Sayyiduna Thabit ibn Dahhak as a +, narrated that in the time of Allah's
Messenger صلى الله عليه وسلم a man took a vow to slaughter camels at Buwanah (a low-
lying area in Makkah). He came to Allah's Messenger صلى الله عليه وسلم and informed him
(of his vow). Allah's Messenger صلى الله عليه وسلم asked (the Sahabah (Prophet's
Companions) رضى الله عنهمم around him), "Was there an idol there during the jahiliyah
(ignorance period) that was being worshipped?" The Sahabah (Prophet's
Companions) رضى الله عنهمم said, "No!" Then he asked, "Was any of their festivals being
صلى الله عليه وسلم observed there (then)?" They submitted, "No." So, Allah's Messenger
said to the man, "Fulfill your vow. Indeed, a vow calling for disobedience to Allah
must not be fulfilled, and so not that over which the son of Aadam has no control."2
COMMENTARY: If there had been an idol at the place or any kind of festival was being
organized there during the jahiliyah (ignorance period) then the man would not have been
given permission to slaughter camels there lest it resemble the offerings of the idol
worshippers.
VOW TO BEAT THE DUFF (TAMBOURINE)
(٣٤٣٨) وَعَنْ عَمْرٍو بُنِ شُعَيْبٍ عَنْ آَبِّهِ عَنْ جَدِّهِ آَكَّ ◌ِمْرَأَةً قَالَّتْ يَا رَسُولَ اللُّهِإِنِّى تَذَرُتُ اْ أَضْرِبَ
عَلَى رَأَِّكَ بِالُّْقِّ قَالَ أَوْفِي بِنَذْرِكَ - رَوَاهُ أَبُوْدَاوُدَ وَزَّادَ رَزِيْنْ قَالَتْ وَنَذَرُتُّ اَنْ آَذْبَهَ بِمَكَانٍ كَذَا
وَكَذَا مَكَالْ يَذْبَعُ فِيْهِ أَهْلُ الْجَاهِلِيَّةِ فَقَالَ هَلْ كَانَ بِذُلِكَ الْمَكَانٍ وَثَنْ مِنْ أَوْثَانِ الْجَاهِلِيَّةِ يُعُبَّدُ
قَالَتْ لَا قَالَ هَلْ كَانَ فِيْهِ عِيُدْ مِنْ أَعْيَادِ هِمْ قَالَتُ لَّا قَالَ أَوْفِى بِنَذُرِكِ۔
3438. Sayyiduna Amr ibn Shu'ayb à , narrated from his father that his
grandfather (Abdullah ibn Amr رضى الله عنه) said that a women submitted.
Messenger of Allah, I have taken a vow to beat a duff before you (when you return
0
after waging jihad)." He said, "Fulfill your vow."
The version of Razin has that he (Abdullah) said that the woman submitted (also),
"And, I have taken a vow to make a sacrifice at such-and-such a place where people
used to slaughter during the jahiliyah (ignorance period)." He asked, "Was there at
1 Abu Dawud # 3322, Ibn Majah # 2128
2 Abu Dawud # 3313

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that place any of the idols worshipped during the jahiliyah (ignorance period)?"
She said, "No." He asked, "Was there any of their festivals observed?" She said
"No." He said, "Fulfill your vow."1
COMMENTARY: This hadith informs us that it is permitted to play the tambourine. Those
authorities, who say that a vow must be for something relating to obedience, say that this
woman expressed her sentiments of belief and love. She awaited the safe return of the
Prophet صلى الله عليه وسلم from jihad when she vowed to beat the duff. Hence, that, too, was a
kind of obedience.
SADAQAH (CHARITY) OF NOT MORE THAN ONE-THIRD PROPERTY
(٣٤٣٩) وَعَنْ آَبٍ لُبَابَةً أَنَّهُ قَالَ لِلْنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِكَّ مِنْ تَوْبَّتِىْ أَنْ أَهْجُرَدَارَ قَوْمِى الَّتِى أَصَبْتُ
فِيْهَا الْذَنْبَ وَآَنْ آَخَلِعَ مِنْ مَالِ كُلِّهِ صَدَقَةً قَالَ مُزِىُّ عَنْكَ القُّلُثُ- (رواه رزين).
صلى narrated that he submitted to the Prophet رضى الله عنه Sayyiduna Abu Lubabah .3439
+. "My repentance I hope to make perfect by abandoning the house of my
people where I had committed sin and by giving away all my property towards
sadaqah (charity)." He said, "It will be enough for you to give one-third (as
sadaqah (charity))."2
COMMENTARY: The case of Sayyiduna Abu Lubabah edu +, was an amazing incident in
Islamic history. It is lesson-bearing and unique.
The Prophet ,the as had besieged the Banu Qurayzah, a tribe of the Jews. They sent
message to him that he should send his companion Abu Lubabah sano, to them so that
they might consult him.
The Prophet صلى الله عليه وسلم agreed to their request and sent Abu Lubabah رضى الله عنه to them.
When they saw him, all their men and women, old and young began to weep and sob
before him. Seeing that, Abu Lubabah e a +, was moved and he felt pity for them.
They asked him, "If we obey the command of Muhammad and surrender ourselves
him, how will he treat us?" In reply, he put his hand to his throat to suggest that they
would be killed.
Abu Lubabah e ax+, said, "I had barely done that and not yet taken a step from there
when I felt remorse. I repented saying to myself, 'You have committed treachery with
- صلى الله عليه وسلم Allah and His Messenger
Then, this verse was revealed:
يَآَيُّهَا الَّذِيْنَ امَنُوا لَا تَخُوْنُوا اللهَ وَالرَّسُولَ وَتَخُوْنُوْآ آَمَانَتِكُمُ
{O you who believe! Violate not (the promise of) Allah and the Messenger, and
violate (not) the trusts (amongst) yourselves ... } (8: 27) (the promise of Allah and His
Messenger صلى الله عليه وسلم is their message and commands.)
Abu Lubabah sàn+, was terribly upset. It was as though his heart and mind had been
struck by a bolt. Completely restless, and as though insane, he came to the Masjid Nabawi
and tied himself to a pillar of the mosque. He declared that food and drink was forbidden
to him till he made a repentance and Allah accepted it from him. As the time of salah
1 Abu Dawud # 3312
2 Razin, Abu Dawud # 1319, Muwatta Maalik # 16(Nudhur) Musnad Ahmad 3-502

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(prayer) drew near, his son would come and unite him. When he finished praying, he
would again tie his hands. People would advise him to release himself but he would say,
"No. Not until Allah's Messenger صلى الله عليه وسلم united me with his hands."
He remained in that condition for seven days when he swooned and fell down. Allah then
accepted his repentance and the people informed him of that, but he insisted that he would
not undo himself unless Allah's Messenger ,4,ledo untied him with his hands. So, the
Prophet صلى الله عليه وسلم came and undid the knots to release him.
It was at this moment that Abu Lubabah us & >, submitted that he felt that he must
dispossess himself of all his wealth and property for his repentance to be perfect. He
included his ancestral home that was among the Banu Qurayzah. He wished to move
far away from the place where the devil had tempted and misled him. He had
sympathized with the Banu Qurayzah because his family was among them and he had
his properties there.
The hadith does not say what the Prophet صلى الله عليه وسلم said about abandoning his home.
Perhaps, he let him do it. As for his property, the Prophet ,,le & instructed him to
give one third as charity. That was enough to get him his ambition. (The account as in the
Siratur Rasul by Ibn Kathir is appended as a supplement at the end of this chapter.)
VOW TO OFFER SALAH (PRAYER) AT BAYT UL MUQADDAS BUT COULD NOT
(٣٤٤٠) وَعَنْ جَابِرٍ بُنِ عَبْدِ اللَّهِ آَّ رَجُلًا قَامَ يَوْمَ الْفَتْحِ فَقَالَ يَا رَسُولَ اللّهِ إِّ نَذَرْتُ لِلْهِ عَزَّوَجَلَّ
إِنْ فَتَحَّ اللَّهُ عَلَيْتَ مَكَّةً أَنْ أُصَلِّى فِيْ تَيْتِ الْمَقْدِسِ رَكْعَتَيْنِ قَالَ صَلّ هُهُنَا ثُمَّ أَعَادَ عَلَيْهِ فَقَالَ صَلّ هُهُنَا
ثُمَّ اعَادَ عَلَيْهِ فَقَالَ شَانُكَ إِذَا- (رواه ابوداؤد والدارمى)
3440. Sayyiduna Jabir ibn Abdullah As a >, narrated that, on the day of the
Conquest (of Makkah), a man got up and submitted, "O Messenger of Allah, I had
vowed to Allah, Mighty and Glorious, that if Allah grants you victory over Makkah,
I shall offer two raka'at salah (prayer) in Bayt ul-Muqaddis." He said, "Offer here,
at this place." (He meant: the Masjid Haram where it is better to offer salah
(prayer) and easier than going all the way there.) Then he repeated (the question) to
him and he said again, "offer here, at this place!" Then he repeated again (the
question) to him and he said, "As you please!"1
(If you wish you may go there.)
COMMENTARY: It is stated in Sharah us-Sunnah (Prophet's , s & Lo practice) that if
anyone takes a vow to offer salalı (prayer) in Masjid Nabawi but offers it in Masjid Haram
then his vow will be fulfilled. But, if he offers it in Masjid Haram then his vow will be
fulfilled. But, if he offers it in Masjid Aqsa, meaning Bayt ul-Maqdis then his vow will
remain unfulfilled. If anyone takes a vow to offer salah (prayer) in Masjid Aqsa but offers
the salah (prayer) in Masjid Haram or Masjid Nabawi then his vow will be fulfilled.
In other words, if a vow is taken to offer salah (prayer) at some place and then the salah
(prayer) is offered at a place more excellent than that then the vow will have been fulfilled.
The Hanafis say, however, that even if he offers salah (prayer) at a place less excellent than
that, his vow will have been fulfilled.
1 Abu Dawud # 3305, Darimi # 2339, Musnad Ahmad 3-363.

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IF PART OF VOW IS IMPOSSIBLE
(٣٤٤١) وَعَنِ ابْنِ عَبَّاسِ أَّ أُخْتَ عُقْبَةَ بْنَ عَامِرٍ نَذَرَتْ أَنْ تَحُجَّ مَاشِيَةً وَأَنَّهَا لَا تُطِيْقُ ذُلِكَ فَقَالَ
تَسْوُلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِنَّ اللّهَ لَغَنِيٌّ عَنْ مَثْي أُخْتِكَ فَلْتَرَكَبُ وَلْتُهْدِ بَدَنَةٍ - رَوَاهُ أَبُودَاؤُدَ
وَالدَّارِمِيُّ وَفِى رِوَايَةٍ لِأَبِ دَاوُدَ فَأَمَرَهَا النَّبِىُّ صَنَّى اللهُ عَلَيْهِ وَسَلَّمَ أْ تَرْكَبَ وَتَهْدِىَ هَذِيًّا وَفِ رِوَايَةٍ لَّهُ
فَقَالَ النَّبِىُّ صَلَّى اللهُ عَنَيْهِ وَسَلَّمَ إَِّّ اللّهُ لَا يَصْنَّهُ بِشِقَاءٍ أُخْتِكَ شَيْئًا فَلْتَرْكَبُ وَلْتُحُمَّ وَتُكَّفِّرْ يَمِيْنَهَا.
3441. Sayyiduna Ibn Abbas narrated that the sister of Uaqbah ibn Aamir que &n +)
took a vow to perform Hajj (pilgrimage) on foot but she did not have the strength to
do it. So, Allah's Messenger صلى الله عليه وسلم said (to Uqbah رضى الله عنه), "Surely, Allah does
not need that your sister walk. So; she must ride (when she cannot walk) and (by
way of an expiation) she should sacrifice a badanah." (The Hanafis say that a
badanah is a camel or a cow but the Shafi'is say that it is a camel.)
According to another version the Prophet صلى الله عليه وسلم commanded her, "Ride and
offer the hady." (sacrificial animals)
And yet another version has that the Prophet ,,4,Is alo said, "Surely, Allah will not
reward your sister for the hardship to which she subjects herself. So, let her perform
the pilgrimage riding (when she cannot walk) and make an expiation for her oath."1
COMMENTARY: Hady is the animal that is sent to Haram to be sacrificed. The smallest of
it is a goat and the best of it is a badanah (camel or cow).
The command to sacrifice a badanah is mustahab (desirable).
Qadi als, said that to perform Hajj (pilgrimage) on foot is a form of obedience, so it is
wajib (obligatory) to fulfill a vow to do that, and this includes every such deed that one
is not allowed to neglect, unless one is unable to do it. Hence, a fidyah (or expiation)
becomes wajib (obligatory) when it is neglected or omitted. However, opinions differ on
the animal that it is wajib (obligatory) to offer as an expiation. Sayyiduna Ali we also,
goes by this hadith and says that a badanah is wajib (obligatory). Some others say that it
is like over crossing the miqat when it is wajib (obligatory) to sacrifice a goat, so in this
case too a goat becomes wajib (obligatory), and they hold that the badanah mentioned in
this hadith is mustahab (desirable) to sacrifice. Imam Maalik al >, agrees with this
opinion and Imam Shafi'i alus, also agrees with it.
The words 'make an expiation for your oath' are more correctly interpreted to mean expiation
for jinayah(¿la,lis) meaning 'for an offence.' And, it is a hady, or fasting instead of hady. The
expiation is interpreted in this case to reconcile this hadith with the others. In short, in this
hadith, 'the expiation for an oath' does not mean the expiation for breaking an oath.
(٣٤٤٢) وَعَنْ عَبْدِ اللَّهِ بْنِ مَالِكٍ آَكَّ عُقْبَةَ بْنِ عَامٍِ سَأَلَ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ أُخْتٍ لَهُ نَذَرَتْ
آكْ تَحُمَّ حَافِيَةً غَيْرَ مُخْتَمِرَةٍ فَقَالَ مُرُؤُهَا فَلْتَخْتَمِرٌ وَلْتَرْكَبُ وَلُهُمُ ثَلَاثَةَ آَيَّامٍ- (رواه ابوداؤد
والترمذى والنسائي وابن ماجة والدارمى)
3442. Sayyiduna Abdullah ibn Maalik alu, narrated that (Sayyiduna) Uqbah ibn
1 Abu Dawud # 3303, 3304, Darimi # 2335, Musnad Ahmad 1-253

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Aamir رضى الله عنه asked the Prophet صلى الله عليه وسلم about a sister of his who had taken a
vow to perform Hajj (pilgrimage) on foot, barefooted and bareheaded. He said.
"Command her to cover her head and to ride, and to fast three days."1
COMMENTARY: A woman's hair on the head are part of her satr (private parts) meaning,
the portion of the body that must be covered at all times, it being wajib (obligatory) to do so.
It is a sin to bare the head.
He also commanded her to ride because she was unable to walk. She had imposed on
herself tremendous hardship.
The previous hadith mentions hady so, here, it might imply that if she is unable to offer a
hady (meaning, sacrifice an animal) then she must fast three days.
Or, he commanded her to fast because there are many kinds of an expiation and he merely
named one of them, so, if anyone is unable to observe the other kinds, he must fast three days.
As for the fasts, if they are by way of expiation then it is wajib (obligatory) to fast on three
successive days. In other cases, one may fast as one chooses.
WAJIB (OBLIGATORY) TO MAKE EXPIATION FOR UNLAWFUL VOW
(٣٤٤٣) وَعَنْ سَعِيْدٍ بُنِ الْمُسَيَّبِ آَّ أَخْوَيْنٍ مِنَ الْأَنْصَارِ كَانَ بَيْنَهُمَا مِيْرَاتٌ فَسَأَلَ أَحَدُ هُمَا صَاحِبَهُ
الْقِسْمَةَ فَقَالَ إِنْ عُدْتَ تَسْتَالُنِىِ الْقِسْمَة فَكُلُّ مَالِ فِي رِتَّاجِ الْكَعْبَةِ فَقَالَ لَه ◌ُمَرُ إِنَّ الْكُمْبَةَ غَنِيَّةُ عَنْ
مَالِكَ كَفِّرْ عَنْ يَمِيْنِكَ وَكَلِّمُ أَخَاكَ فَإِّ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ لَا يَمِيْنَ عَلَيْكَ وَلَا
نَذَّرَ فِى مَعْصِيَّةِ الرَّتٍّ وَلَا فِى قَطِيْعَةِ الرَّحِمِ وَلَّا فِیمَا لَا يَمْلِك۔(رواهابوداؤد)
3443. Sa'eed ibn Musayyib ws à >, narrated that two brothers who were of the
ansars inherited from someone (but had not divided the inheritance). One of them
asked the other for his portion from it. He said, "If you repeat and ask me again for
your portion, (I take a vow that) all my property will be spent on the Ka'bah is in no
need of your property that you take a vow for it). Make an expiation for your oath
(which you made wajib (obligatory) on yourself through the vow) and speak to your
brother (concerning) the sharing of the inheritance and meet his demand), for, I had
heard Allah's Messenger say, "It is not wajib (obligatory) on you to fulfill this oath
(or vow), nor to take a vow to disobey the Lord, or to sever ties of kinship, or about
something over which one has no control." (It is wajib (obligatory) to make an
expiation for a vow that is not fulfilled for such reasons.)2
COMMENTARY: The words in the Arabic text are (1Qlzu)) (ritaj ul Ka'bah). The literal
meaning of these words is 'the door of the Ka'bah.' Ritaj is used for a main or large gate.
Here, however, to phrase stands for the Ka'bah itself.
SECTION III
اَلْفَضْلُ الثَّالِثُ
VOWS - THE LAWFUL & THE UNLAWFUL
(٣٤٤٤) عَنْ عِمْرَانَ بْنِ حُصَيْنٍ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ النَّذْرُ نَذْرَانٍ فَمَنُ
1 Tirmidhi # 1549, Abu Dawud # 3293, Nasai # 3815, Ibn Majah # 2124, Darimi # 2334, Musnad
Ahmad 4-149.
2 Abu Dawud # 3272

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كَاكَ نَذَرَ فِي طَاعَةٍ فَذَلِكَ لِلّهِ فِيْهِ الْوَفَاءِ وَمَنْ كَاَ نَذَرَ فِيْ مَعْصِيَّةٍ فَذَلِكَ لِلنَّيْطَّابِ وَلَّا وَفَاءَ فِيْهِ
وَيُگُفِّرُهُ مَا يُگنَّرُ الْيَمِئْنَ-(رواه النسائى)
3444. Sayyiduna Imran ibn Husayn a+, narrated: I heard Allah's Messenger ~
the às say, "Vows are of two kinds. (They are: ) If a person vows to obey (and
worship Allah) then it is purely for Allah, so it (is wajib (obligatory) and) must be
fulfilled. And if a person vows to do an act of disobedience then it is for the devil
and it must not be fulfilled, but atonement must be made for it like an atonement
for breaking the oath."1
ABOUT VOW TO SACRIFE ONESELF
(٣٤٤٥) وَعَنْ مُحَتَّدٍ بُنِ الْمُنْتَشِرِ قَالَ إِّ رَجُلًا نَذَرَ أَنْ يَنْحَرَ نَفْسَهُ إِ نَجَاهُ اللهُ مِنْ عَدُوِهِ فَسَثَلَ ابُنَّ
عَبَّاسٍ فَقَالَ لَهُ سَلُ مَسْرُوْقًّا فَسَتَاَلِه فَقَالَ لَهُ لَا تَنْحَرُ نَفْسَكَ فَإِنَّكَ إِنْ كُنْتَ مُؤْمِنًا قَتَلْتَ نَفْئًا مُؤمِنَةٌ
وَإِبْ كُنْتَ كَافِرًا تَعَجَّلْتَ إِلَى النَّارِ وَاشْتَرٍ كَبْشًا فَاذْبَتُهُ لِلْمَسَاكِيْنِ فَإِنَّ إِسْحَاقَ خَيْرٌ مِنْكَ وَقُدِىَ
بِكَبْشٍ فَأَخْبَرَا ابْنَ عَبَّاسٍ فَقَالَ هُكَذَا كُنْتُ اَرَدتُ آُ اُفْتِیَك۔(رواهرزین)
3445. Sayyiduna Muhammad ibn al-Muntashir al, narrated that a man vowed that
he would slaughter himself if Allah saved him from his enemy. (when he was
delivered from them,) he asked Ibn Abbasusd +, and he advised him to ask Masruq
altes, (who was a tabi'i). So, he asked him and he said, "Do not slaughter yourself,
for, if you are a believer, you will be slaying a believing soul, and if you are a
disbeliever, you will be hastening yourself to hell. (The ruling is that you) buy a
ram and slaughter it (for the poor). Indeed, (Sayyiduna) Ishaq >Jule was better
than you and he was replaced (ransomed) with a ram." Then he (the man) in
formed Ibn Abbas us & +, (about it) and he said, "This is how I had intended to
enlighten you."2
COMMENTARY: Masruq al-, ibn Ajda was a top-ranking tabi'i. He was a great scholar
and a ju: ist. Murrah ibn Sharahbil ales, said that no Hamdani woman ever gave birth to a
dutiful son like Masruq ade,. He had embraced Islam before the death of the Prophet a.
jule but was unable to come to his presence. But, he acquired knowledge from the four
caliphs and from Sayyidah Ayshah رضى الله عنهاا .This is why Ibn Abbas رضى الله عنه directed that
man to consult Masruq aus, though he himself was a great scholar.
In this way, not only is the excellence of Masruq andes, known but also the carefulness,
patience and honesty of Ibn Abbas ed », is highlighted.
The man mentioned in the hadith would have been disgraced if he had succumbed to an
enemy and that would have been terrible for him. He was not afraid of death, so he
beseeched Allah to relieve him of the enemy's threat. However, he was not aware that
killing oneself was worse than that and unlawful too.
1 Nasai # 3845
2 Razin.
1

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Masruq ale, made him realize that if he killed himself, he would be killing a believer. The
Quran says about it:
وَلَا تَقْتُلُوْا آَنْفُسَگُهُ.
{And kill not yourselves ... } (4: 29)
وَمَنْ يُقْتَلُ مُؤْمِنًا مُتَعبِّدًا الخ
{Whose slays a believer of set purpose ... } (4: 93)
And those who kill believers are warned of hell.
As for a disbeliever, his death would take him to hell. So, if he survives, there is a
possibility of his being guided to Islam.
In either case, his killing himself was illegal and senseless.
The hadith speaks of a ram being slaughtered to ransom sayyiduna Ishaq paulade. Some
ulama (Scholars) say that Prophet Ibrahim عليه السلام had dreamt of Prophet Ishaq عليه السلام as
the son he was sacrificing. But, the better known and correct opinion is that Prophet
عليه السلام had dreamt that he should sacrifice Prophet Isma'il عليه السلام Ibrahim
Jalaluddin Suyuti a >> has explained that the peoples of the Book have made grave
changes about this event and have lied. The earlier heavenly Books had the name Isma'il
and they have removed it and introduced Ishaq.
Durr Mukhtar writes that if anyone takes a vow to sacrifice his son then he will have to
follow the event of Prophet Ibrahim (> Jule and it will be wajib (obligatory) orr him to
slaughter a goat. But, Imam Abu Yusuf als, and Imam Shafi'i ales, say that this kind of a
vow is absurd. Similarly, a vow to kill oneself or one's own slave is absurd. On the other
hand, Imam Muhammad alta-, hold that it will be wajib (obligatory) to slaughter a goat in
such cases.
If anyone takes a vow to slaughter one's father, grand-father or mother, then the ulama
(Scholars) say unanimously that the vow is laghw (absurd or thoughtless).
صلى الله Life of Prophet Muhammad) صلى الله عليه وسلم The following is an extract from siratun Nabi
wy4,le) by Ibn Kathir (published by Darul Isha'at Karachi pp 408-409 and 581. ) It is about
رضى الله عنه Abu Lubabah
ABU LUBABAH
When they (the Banu Qurayzah) found the siege unbearable they called Abu Lubabah ibn
صلى الله عليه وسلم Abdul Munzir who was their ally. He said, "Only when Allah's Messenger
permits me will I meet you"' and he gave him permission to go. When he went there they
wept before him and asked him. "What do you suggest? We are not even able to fight
Allah's Messenger ,4l &o. "He pointed with his hand to his throat to say that they
would be executed. Then he was very sorry for having said that. He realized that he was
involved in a trail. He said, "By Allah will not go to Allah's Messenger صلى الله عليه وسلم till I
make a sincere repentance." He came straight to a pillar there. He remained in that state
for about twenty days. Here Allah's Messenger ,le an enquired about him and was
informed what he had done. He said. "After having gone he put to trail. If he had come to
me straightaway then I would have sought forgiveness for him, but since he has decided
for himself. I will not release him till Allah gives the judgment for him.

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KA'B'S FAILURE
According to Ibn Ishaq, Allah's Messenger صلى الله عليه وسلم encamped it the well Ana and
besieged them for twenty five days. They were tired after all. Hence, Ka'b ibn Asad their
chief proposed to them that they should adopt one of three options:
1.
We should obey this Prophet and confirm his religion. Indeed, he is a
Prophet whose characteristics are found in our books. Then we will save
our life and property. The people said that they would not give up Torah
or change the religion.
2.
Let us kill our women and children and thus have no anxiety behind so
that we can take the swords and attack Muhammad and his Companions.
If we are killed there is nothing for us to worry about, but if we succeed
then, indeed we will get other wives and children. They said that they
would not kill the innocent people to enjoy life afterwards.
3.
Then, today is Saturday night. Perhaps, Muhammad صلى الله عليه وسلم and his
companions us ino, are off-guard. Come, let us attack them. We might
take them unaware and win the battle. However, they were unwilling to
violate the Sabbath.
They knew that whoever had done that before them was transfigured. Ka'b said,
"You are very foolish and none of you has spent even one night in intelligence."
It was then that they had requested that Abu Lubabah san >, should be sent to them. They
had to consult him. We have seen easier what happened after that Ibn Hisham said that
Allah revealed concerning him:
يَأَيُّهَا الَّذِيْنَ امَنُوا لَا تخونوا الله والرسول وتخونوا امنتكم وَانْتُمُ تَعْلَمُوُنْ
{O you who believe betray not Allah and the Messenger, nor betray your trusts,
while you know.} (8: 27)
Ibn Hisham said that he was tied to the pillar for six nights. His wife would come and
untie him for prayers after which he was re-tied to the pillar. Finally his repentance was
accepted and this verse was revealed:
وَأَخَرُؤُنَ مُرْجَوْنَ لِأَمْرِ اللَّهِ إِمَّا يُعَذِّبَهُمْ وَإِمَّا يَتُوبُ عَلَيْهِمُ وَاللّه عَلِيْهٌ حَكِيُهْ
{And (there are) others who await Allah's commandment, whether He chastises
them or He relents towards them. And Allah's knower, Wise.} (9: 106)
However, Musa Ibn Uqbah said that he was bound there for twenty nights.
IN UMM SALMAH'S رضى الله عنه HOME
While the Prophet صلى الله عليه وسلم was in Sayyidah Umm Salamah's رضى الله عنها home, he learnt
that Allah had accepted Abu Lubabah's usan+, repentance. He smiled and told her why he
had smiled. She requested to be allowed to convey the tidings to him and he consented.
So, she gave him the glad tidings and all people rushed to congratulate him and give him
freedom but he said, "By Allah! His Messenger will untie me with his hands." So, when
he came for the salah (prayer) of Fajr, he set him free.
Another extract:
رضى الله عنه ABU LUBABAH
Sa'eed ibn Musayyab, Mujahid and Ibn Ishaq have mentioned in the account of Banu

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Qurayzah that Abu Lubabah we à+, had bound himself to a pillar till is repentance was
accepted. Again, he stayed behind in the Battle of Tabuk and tied himself again to a pillar.
Allah accepted his repentance and he decided to give away all his wealth in charity. The
Prophet صلى الله عليه وسلم advised him to give only one-third of that. The verse 9: 102 was
revealed about him. I hereafter, he only acted sincerely.
I believe that the named-authorities have not mentioned other people because Abu
رضى الله عنه 'may have been their chief. This is inferred from Ibn Abbas رضى الله عنه Lubabah
account.

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بسم الله الرحمن الرحيم
BOOK - XV
QISAS
كِتَابُ القِصَاصِ
RETALIATION
In the terminology of Shari'ah (divine law), qisas implies: 'taking the life of the murderer.'
If anyone has killed someone unjustly, then qisas is to kill him against the murdered.
The word is derived from (d) and (Ad)(qis and qisas), the literal meaning of which is 'to
follow someone.'(1) To track, to trace. The guardian of the murdered person follows the
murderer to kill him in retaliation for the murdered. This is why to take the life of the
murderer is called qisas.
(Stolaš)(qisasat) means 'equlaity.' It is in the sense that when the murderer is killed in
revenge for the murdered then the guardian gets even with the murderer, or the murdered
and the murderer are quits with one another.
In qisas the murderer is treated in the same way as the murderer had treated the murdered.
SECTION I
BLOOD OF MUSLIM IS SACRED
الفَضلُ الآول
(٣٤٤٦) عَنْ عَبْدِ اللّهِ بُنِ مَسْمُوْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا يَحِلُّ دَمُ الْرِيٍ مُسْلِيٍ يَشْهَدُ
أَنْ لَا إِلهَ إِلَّ اللهُ وَآَّى تَسُولُ اللَّهِ إِلَّ بِإِحْدِى ثَلَاثٍ النَّفْسُ بِالنَّفْسِ وَالشَّيِّبُ الزَّانِ وَالْمَارِقُ لِدِيْنِهِ
التَّارِكُ لِلْجَمَاعَةِ - (متفق عليه)
3446. Sayyiduna Abdullah ibn Mas'ud ca+, narrated that Allah's Messenger ano
jule said, "It is not lawful to shed the blood of a Muslim who testifies that there is
no God but Allah and that I am Allah's Messenger, except for one of three things:
(i) life for life (which is retaliation but according to the laws of Shari'ah (divine
law)), (ii) a married man (responsible and free) who commits fornication, and (iii) a
person who abandons his religion and deserts the community."1
COMMENTARY: The Muslim is defined as one who testifies to Allah's unity and to
Prophet Muhammad's Lyle ano messengership. Anyone who simply recites the Kalimah
shahadah (the words of testimony) is one whose blood is sacred and so unlawful to shed.
If anyone who is not a Muslim, or who was not known to be a Muslim, merely gives a verbal
testimony of Allah's unity and the messengership of Prophet Muhammad ,Je ando, then it
is unlawful to shed his blood unjustly in the same way as of any known Muslim.
The gist of the hadith is that it is never allowed to shed blood of a Muslim unless one of
these three reasons is found.
1 Bukhari # 6878, Muslim # 25-1676.

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(i)
If a Muslim kills his Muslim brother unjustly then the principle of 'life for
life' will apply.
(ii)
If a married Muslim who is responsible and free commits fornication then
he is stoned to death. And,
(iii)
If a Muslim apostates then he is killed.
"The words in the hadith 'and deserts the community' emphasize the preceding words. If
anyone apostates verbally, by deeds and by belief and so abandons Islam because of which
he separates from the body of the Muslims then it is wajib (obligatory) to kill him unless he
repents from his apostasy. The hadith mentions him as a Muslim because of his orginal
outward appearance. It must be known that if a woman apostates then according to the
Hanafis, she must not be killed.
MURDERER DEPRIVES HIMSELF OF DIVINE MERCY
(٣٤٤٧) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَنْ يَزَالَ الْمُؤْمِنُ فِي فُصْحَةٍ مِنْ دِيْنِهِ مَالَهُ
◌ُصِبُدَمًّا حَرَامًا۔ (رواه البخارى)
3447. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"A believer does not cease to remain in the wide confines of his religion till he
sheds anyone's blood unjustly."1
COMMENTARY: While every kind of sin and evil heads to a man's downfall in religion
and manners and earns him Allah wrath, this hadith emphasizes that when he kills anyone
unjustly, he comes out of the sphere of Allah's mercy. He then joins those who have .10
hope of the mercy of Allah.
RECKONING WILL BEGIN WITH BLOOD SHED
(٣٤٤٨) وَعَنْ عَبْدِ اللَّهِ بْنِ مَسْهُوْدٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ اوَّلُ مَا يُقْفِى بَيْنَّ النَّاسِ يَوْمً
الْقِيَّامَةِ فِي الدِّمَاءِ- (متفق عليه)
3448. Sayyiduna Abdullah ibn Mas'ud can>, narrated that Allah's Messenger ano
jule said, "The first thing for which reckoning will take place of the people on the
day of resurrection will be blood shed.2
COMMENTARY: Of the rights of fellow men, the first thing that will be taken into account
and brought for judgment will be killing others. And, of the rights of Allah, the first thing
to be judged will be salah (prayer). The more correct way to say this is that the first of the
forbidden things to be judged on the day of resurrection will be bloodshed and of the
prescribed things to be done will be salah (prayer).
RECITER OF KALIMAH MAY NOT BE KILLED
(٣٤٤٩) وَعَنِ الْمِقْدَادِ بْنِ الْأَسْوَدِ أَنَّهُ قَالَ يَا رَسُولَ اللهِ أَرَأَيْتَ إِنْ لَقِيْثُ رَجُلًا مِنَ الْكُفَّارِ فَاقْتَتَلْنَا
فَضَّرَبَ إِحْدِىٌ يَدَىَّ بِالسَّيْفِ فَقَطَعَهَا ثُمَّ لَا ذَمَنِيْ بِشَجَرَةٍ فَقَالَ أَسْلَمْتُ لِلْهِ وَفِيْ رَوَايَةٍ فَلَمَّا أَهْوَيْتُ لِأَقْتُلَهُ
1 Bukhari # 6862.
2 Bukhari # 6864, Muslim # 28-1678.

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قَالَ لَّا إِلهَ إِلَّ اللَّهُ أَقْتُلُهُ بَعْدَ أْ قَالَهَا قَالَ لَا تَقْتُلُهُ فَقَالَ يَا رَسُولَ اللَّهِ إِنَّهِ قَطَةَ إِحْدِىٌ يَدَىَّ فَقَالَ رَسُولُ
اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا تَقْتُلُهُ فَإِجْ قَتَلْتَهُ فَإِنَّهُ بِمَنْزِلَتِكَ قَبْلَ آَنْ تَقْتُلَهُ وَإِنَّكَ بِمَنْزِلَتِهِ قَبْلَ آَنْ
يَقُوْلَ كَلِمَتَّهُ الَّتِىِّ قَالَ- (متفق عليه)
3449. Sayyiduna Miqdad ibn Al-Aswad رضى الله عنه narrated that he asked, "0
Messenger of Allah, what do you say: if I meet a disbeliever and we being to
grapple one another and he strikes a hand of mine with his sword severing it, then
he retreats to a tree for refuge from me and says, 'I have submitted myself to Allah'
(or, 'I am a Muslim for Allah's sake')" - and, according to another version: "Just as
I intend to kill him, he utters 'there is no God but Allah' (anyway) - shall I kill him
after he utters these words?" He said, "Do not kill him.' But, he pleaded, "O
صلى الله عليه وسلم Messenger of Allah, he did sever one of my hands." Allah's Messenger
said, "Do not kill him. If you kill him, then he will gain the place which you were
occupying before killing him, and you will go down to the place which he was
occupying before he spoke the Kalimah (or the testimony that he made)."1
COMMENTARY: The Prophet's صلى الله عليه وسلم words meant: "If you kill him after he recites
the Kalimah (لا اله الا الله محمد رسول الله) - there is no God but Allah) then just as you were innocent of
killing before killing him, he becomes innocent of bloodshed after embracing Islam. And,
you would take his place and would become 'not innocent of blood."" Or, formerly, it was
allowed to kill him, but not now. And it would be correct to kill you!
(٣٤٥١٠٣٤٥٠) وَعَنْ أُسَامَةَ بْنِ زَيْدٍ قَالَ بَعَثَّنَا رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِلَى أُنَاسِ مِنْ جُهَيْنَةً فَأَتَيْتُ
عَلَى رَجَلٍ مِنْهُمُ فَذَهَبْتُ أَطْعَنُّهُ فَقَالَ لَا إِلهَ إِلَّ اللّهُ فَطَعَنْتُهُ فَقَتَلْتُهُ فَجِئْتُ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
فَأَخْبَرْتُهُ فَقَالَ أَقْتَلْتَهُ وَقَدْ شَهِدَ أَنْ لَا إِلهَ إِلَّ اللّهُ؟ قُلْتُ يَا رَسُولَ اللهِ إِنَّمَا فَعَلَ ذَلِكَ تَعَؤُّذًّا قَالَ فَهَلَّا
ثَقَّقْتَ عَنْ قَلْبِهِ مُتَّفَقِّ عَلَيْهِ وَفِي رِوَايَةٍ جُنْدُبٍ بْنِ عَبْدِ اللّهِ البَجَلِيِّ آَّ رَسُولَ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
قَالَ كَيْفَ تَصْنَهُ بِلَا إِلهَ إِلَّ اللَّهُ إِذَا جَاءَتُ يَوْمَ الْقِيَامَةِ قَالَهُ مِرَارًا- (رواه مسلم)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Usamah ibn Zayd .3450
sent them to some people of (the tribe) Juhaynah (to fight them). (And, Usamah
As an , said: ) I came upon one of them and was about to strike him with the spear
when he declared (anyity) there is no God but Allah). But, I pierced him with the
spear and killed him. Then when I came to the Prophet صلى الله عليه وسلم, I informed him
(about it) and he asked, "Did you kill him after he did testify that there is no God
but Allah?" I said, "O Messenger of Allah, he did that as an excuse to protect
himself." He asked, "Then why did you not split his heart?" (and see).2
3451. The version of Jundub ibn Abdullah Bajali As an+, is that Allah's Messenger
the testimony) when it comes) (لا الهالا الله) asked, "How will you cope with صلى الله عليه وسلم
1 Bukhari # 6865, Muslim # 95-155.
2 Bukhari # 6872, Muslim # 96-158.

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(to you) on the day of resurrection?" (on behalf of him to contend with you?) He
spoke these words very often.1
COMMENTARY: When Sayyiduna Usamah s &v >, said that the man had recited the
kalimah to save his skin, the Prophet ,.,lean Lo asked him, "Why did you not find out what
he had in his heart? You ought to have seen what his intentions were? You could not do
that, so you should have gone by the apparent. The man's reciting the Kalimah was enough.
However, bloodwit was not binding on Usamah because he had erred in ijtihad (extracting
rulling of Islamic law).
DO NOT KILL ONE WHO IS PROTECTED
(٣٤٥٢) وَعَنْ عَبْدِ اللّهِ بْنِ عَمْرٍ وقَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ قَتَلَ مُعَاهِدًا لَمْ يَرَحْ رَائِحَةً
الُجُنَّةِ وَإِنَّ رِيحَهَا تُوُجَدُ مِنْ مَسِيُرَةِ ارْبَعِيْنَ خَرِيقًا-(رواه البخارى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Amr .3452
said, "He who kills anyone under a treaty of protection will not perceive the fragrance
of paradise though its odour may be perceived at a distance of forty years journey."2
COMMENTARY: The Arabic text has the word muahid. He is disbeliever who has
covenanted with the ruler of the Islamic territory not to engage in hostilities. He may be a
dhimmi or otherwise.
This hadith says of the fragrance of paradise that it is perceived to a distance of forty
years. But, there are other ahadith that give different years: seventy, one hundred, five
hundred and one thousand years. It seems that they depend on people, deeds and ranks.
Thus, in the place of gathering, some people will get the odour from a distance of one
thousand years, some five hundred years, some one hundred years some seventy years
and some forty years.
Moreover, these numbers do not mean to restrict the limit. They simply show the length to
which the smell will reach. Besides, if anyone does not perceive its fragrance then it does
not follow that the person will never sense it. Only in the beginning, he will not get it but
after the ones near and dear to Allah and the scholars get it, he will perceive it.
This hadith severely condemns the killing of a person who is under a treaty of protection.
SUICIDE SEVERELY PUNISHABLE ACT
(٣٤٥٣) وَعَنْ أَبِيْ مُرَيْرَةَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مَنْ تَرَدَى مِنْ جَبَلٍ فَقَتَلَ نَفْسَهُ فَهُوَ فِىْ
نَارِ جَهَنَّمَ يَتَرَدُّى فِيْهَا خَالِدًا مُخَلَّدًا فِيْهَا أَبَدًّا وَمَنْ تَحْنَى سُنّا فَقَتَلَ نَفْسُهُ فَسُتُّهُ فِ يَدِهِ يَتَحَتَّاهِفِيْ نَارٍ جَهَنَّمَ
خَالِدًا مُخَلَّدًا فِيْهَا أَبَدًا وَمَنْ قَتَلَ نَفْسَهُ بِحَدِيْدَةٍ فَحَدِيْدَتُهُ فِي يَدِهِ يَتَوَجَّأُ بِهَا فِي بَطْنِهٍ فِيْ نَارٍ جَهَنَّمَ خَالِدًا
مُخَلَّدًا فِيْهَا آَبَدًّا - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3453
said, "He who flings himself down from a mountain and so kills himself will
continue to be flung down in hell-fire and will abide therein for ever and ever. He
1 Muslim # 97-160.
2 Bukhari # 3166, Ibn Majah # 2686.

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who sips poison and so commits suicide will have his poison in his hand and will
sip it for ever and ever in the fire of hell. He who slays himself with a piece of iron
(like a knife) will have that weapon in his hand and with it he will stab himself in
the belly in the fire of hell for ever and ever. (He will abide therein forever.)1
COMMENTARY: The words (w) and (1.41) and (.) are synonyms used for emphasis,
meaning forever, always.
The hadith says that if a person commits suicide in this world with anything then he will be
punished with the same thing in the hereafter forever. Of course, this applies to those who
do it with the conviction that suicide is lawful. So, they will be punished for ever and ever.
Or, it could mean that they who commit suicide will suffer punishment for a long time.
(٣٤٥٤) وَعَنْ أَبِئْ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ اَلَّذِى يَخْقُ نَفْسَهُ يَخْتِقُهَا فِي النَّارِ وَالَّذِى
يَطْعَنُهَا يَطْعَنُهَا فِى النَّارِ-(رواه البخارى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3454
said, "He who strangles himself (to commit suicide) will strangle himself in hell
too. He who stabs himself with a spear will spear himself in hell too."2
(٣٤٥٥) وَعَنْ جُنْدُبٍ بُنِ عَبْدِ اللّهِ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ كَتَ فِي مَنْ كَاتَ قَبْلَكُمُ
رَجُلْ بِهِ جُرُمْ فَجَزِءَ فَأَخَذَ سِكِيْنًا فَحَزَّبِهَا يَدَهُ فَمَا رَقَأَ الذَّمُ حَتَّى مَاتَ قَالَ اللهُ تَعَالِی بَادَرَنِ عَبْدِئْ بِنَفْسِم
فَحَرَّمُتُ عَلَيْهِ الْجَنَّةَ - (متفق عليه)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Jundub ibn Abdullah .3455
,Ale said, "Among those who were before you was a man who suffered a wound
(some how) by he had little patience to endure it (the pain seemingly unbearable to
him). He took a knife and cut off the (wounded) hand. The blood did not stop
flowing out till he died. Allah, the Exalted, said, 'My slave strove to be first ahead
of me in taking his life (and killed himself). So, I have forbidden to him paradise."3
COMMENTARY: Allah will forbid him entry into paradise if he had believed that suicide
is lawful. In that case, he considered an unlawful thing to be lawful which amounts to
disbelief and so admittance to paradise is forbidden to him. Or, he will first undergo
punishment in hell and will be deprived of the company of the successful in paradise till he
has gone through his punishment.
SUICIDE IS UNLAWFUL & FORBIDDEN: Suicide is not permissible in any civilized
society. For, is man the owner of himself, his visible and invisible self? Or, somebody else
owns these things?
It is a confirmed fact that man is not his own master. His existence in this world is a trust
for himself and for the people of the world. His Master is the Being who created him and
brought him into this world. Then, is it not treachery that man hurts his own existence? It
1 Bukhari # 5778, Muslim # 175-109, Tirmidhi # 2044, Nasai # 1965, Darimi # 2362, Musnad Ahmad 2-
254.
2 Bukhari # 1365, Musnad Ahmad 2-435.
3 Bukhari # 3463, Muslim # 18-113