Indexed OCR Text

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
440 ·
The hadith that contradicts it is abrogated and will be explained against the next hadith (#
3395).
(٣٣٩٥) وَعَنْ جَابِرٍ قَالَ بِعْنَا أُمَّهَاتِ الْأَوْلَادِ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَآَنٍ بَكْرٍ فَلَمَّا
كَانَ عُمَرُ نَّمَانَا عَنْهُ فَانْتَھَيُنَا-(رواه ابوداؤد)
3395. Sayyiduna Jabir as a+, said, "We used to sell the ummahat ul walad (slave
women who bore their master's children, plural of umm walad) in the time of
Allah's Messenger صلى الله عليه وسلم and of Abu Bakr رضى الله عنه .When Umar رضى الله عنه (become
Khalifah and) forbade us to do so, we desisted.1
COMMENTARY: The question arises: why Umar we a+, disallowed it when the Prophet
had not stopped it? The answer is that the رضى الله عنه and the first caliph Abu Bakr صلى الله عليه وسلم
people may not have known that the prophet صلى الله عليه وسلم had forbidden the sale of Umm
walad, or they may have been selling before the Prophet Lylea Lo forbade them to do so.
As for Abu Bakr que an+), his Khilafah (caliphate) (caliphate) was short and he was engaged
mostly in other important affairs and could not have known of the sale of a Umm Walad
otherwise he too would have curbed this activity.
SLAVE'S PROPERTY AFTER HIS RELEASE
(٣٣٩٦) وَعَنِ ابْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ أَعْتَقَ عَبْدًا وَلَهُ مَالْ فَمَالُ الْعَبْدِ لَّهِ إِلَّ
اَكَّ يَشْتَرِطَ الصَِّّدُ- (رواه ابوداود وابن ماجة)
3396. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"If anyone sets free a slave and he owns property, then the property of the slave
belongs to the master unless he stipulates otherwise."2
(In that case it will remain with the slave.)
COMMENTARY: Clearly no slave can have any property. Where will he get any property?
Whatever he has, he may have earned by doing some work with his master's permission.
So that too will belong to the master because the slave and all that he possesses are his
master's property. Therefore, when he is set free and his master says, "This property
belongs to you," then that property will be deemed to be a charity or gift from his master.
Therefore, on being free, he will be its owner.
PART FREEDOM
(٣٣٩٧) وَعَنْ آَلِ الْمَلِيْجِ عَنْ آَيْهِ آَكَّ رَجُلًّاً أَعْتَقَ شِقْهًا مِنْ غُلَامٍ فَذُكِرَ ذلِكَ لِلنَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
فَقَالَ لَيْسَ لِلُهِ شَرِئْتٌ فَأَجَازَ عِنْقَد۔(رواهابوداود)
3397. Sayyiduna Abu Malih aluz, reported from his father (Sayyiduna Usamah ibn
Umayr) we àn +, that a man set free a portion of a slave. That was mentioned to the
Prophet صلى الله عليه وسلم and he said, "Allah has no partner." Then he instructed him to
set him free.
1 Abu Dawud # 3954, Ibn Majah # 2517.
2 Abu Dawud # 3962, Ibn Majah # 2529.

441
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
·
COMMENTARY: The Prophet's صلى الله عليه وسلم words mean that if any thing is done for
Allah's sake and it is a form of worship then one must not divide one's share. Hence, it is
not proper to emancipate part of a salve and leave the rest in slavery.
The concluding words of the hadith establish that slavery and freedom cannot be combined
in one person. However, since Imam Abu Hanifah als, contends that slavery and freedom
may combine, he explains these words to mean that the prophet صلى الله عليه وسلم commanded
the man to set the slave free outright.
AN EXAMPLE OF CONDITIONAL FREEDOM
(٣٣٩٨) وَعَنْ سَفِيْنَةً قَالَ كُنْتُ مَمْلُؤْكًا لِأُمِّ سَلَمَةَ فَقَالَتْ أُعْتِقُكَ وَأَشْتَرِطُ عَلَيْكَ أَنْ تَخْدُمَ رَسُوْلَ اللَّهِ
صَلَى اللهُ عَلَيْهِ وَسَلَّمَ مَا عِشْتَ فَقُلْتُ إِنْ لَمْ تَشْتَرِطِئْ عَلَىَّ مَا فَارَقْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
مَا عِشْتُ فَاعْتَقَتْنِى وَاشْتَّرَطَتْ عَلَىَّ- (رواه ابوداود وابن ماجة)
3398. Sayyiduna Safinah ucan », said, I was a slave of Sayyidah Umm Salamah, She
said (to me one day) 'I shall set you free but with the stipulation that you shall serve
Allah's Messenger صلى الله عليه وسلم as long as you live.' I submitted, Even if you had not
placed this condition on me, I shall not separate from him as long as I live, (Because
serving him is a great honour and happiness for me). She then set me free and
retained the condition on me."1
COMMENTARY: Safinah رضى الله عنه was the freedman of the Prophet صلى الله عليه وسلم or of
.رضى الله عنها Sayyidah Salamah
His name was Mahran or Ruman or Ribah. His kunyah was Abu Abdur Rahman or Abu al-
Bakhtari, But he was known as Safinah which was his epithet.
.رضى الله عنهمم (and his sahabah (Prophet's Companions صلى الله عليه وسلم He used to serve the Prophet
During battles, he carried their luggage on his back and transferred that from place to place.
Safinah means ship. So he was called safinah that conveys goods from place to place.
It is reported that once he got lost in a desert from the rest of the caravan. Suddenly, a lion came
before him and roared at him. He said to the lion, "O Abu al-Harith! I am Safinah the freedman
of Allah's Messenger صلى الله عليه وسلم."The lion wagged its tail and led him to destination.
MUKTABAH IS SLAVE TILL HE PAYS
(٣٣٩٩) وَعَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدٍِّ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ الْمُكَاتَّبُ عَبْدْ مَا بَقِى عَلَيُّهِ
مِنْمُگاثبتهدِژهۇ-(رواه ابوداؤد)
3399. Sayyiduna Amr ibn Shu'ayb & w, reported from his father that his
grandfather narrated that the Prophet said, 'A mukatab (a slave who has contracted
with his master to buy his own freedom) remains a slave as long as even a dirham
of the kitabah (agreed price) remains unpaid."2
COMMENTARY: Mukatab is a slave whose master writes down to him, "When you will
pay so much money you shall be free." When he pays the full amount, leaving nothing due,
1 Abu Dawud # 3932, Ibn Majah # 2526, Musnad Ahmad 5-221.
2 Abu Dawud # 3926.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
442
he becomes free. There will not be any part freedom.
WOMEN MUST OBSERVE VEIL BEFORE THEIR MUKATAB SLAVES
(٣٤٠٠) وَعَنْ أُمِّ سَلَمَةَّ قَالَتْ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا كَاتَ عِنْدَ مُكَاتَبٍ إِحْدَا كُنَّ وَفَاءً
فَلْتَحْتَجِبُ مِنْهُ۔ (رواه الترمذى وابوداود وابن ماجة)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنها Sayyiduna Umm Salamah .3400
said (to the woman), "When a mukatab of any of you has enough to buy his fr
eedom, she must observe the veil before him."1
COMMENTARY: As long as a mukatab does not pay the full agreed price for his freedom
he remains a slave and is a mahram. It is not necessary for a woman owner to veil herself
before him.
The correct thing about this hadith is that the Prophet صلى الله عليه وسلم had said this to his wives
because Allah says about them in the Quran that they are not like other woman. Their need
to veil themselves was stronger.
ABOUT PART PAYMENT BY MUKATAB
(٣٤٠١) وَعَنْ عَمْرو بْنِ شُعَيْبٍ عَنْ آَبِيْهِ عَنْ جَدِّهِ آَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ كَاتَبَ
عَبْدَهُ عَلَى مِائَةٍ أَوْقِيَّةٍ فَأَذَّهاَ إِلَّ عَشْرَةَ اوَاتٍ أَوْقَالَ عَشْرَةَ دَنَانِيْرَ تُؤَّ عَجَزَ فَهُوَ رَقِيْقُ- (رواه الترمذى
وابوداود وابن ماجة)
رحمه الله (reported from his father (Shu'ayub رضى الله عنه Sayyiduna Amr ibn Shu'ayb .3401
that his grandfather narrated that Allah's Messenger صلى الله عليه وسلم said, "If any one
agrees to set free his slave for one hundred ooqiyah as he pays that except ten
ooqiyah, " or he said, "ten dirhams and is helpless, then he continues to be a slave."2
COMMENTARY: Ibn Maalik ales, say s that such cases the owner may annul the contract
and forfeit the amount paid to him by the slave, for, that has become his property.
(٣٤٠٢) وَعَنِ ابْنِ عَبَّاسٍ عَنِ النَِّيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا أَصَابَ الْتَكَانَبُ حَدًّا آؤْمِيرَاثًاوَرِثَ پچِسَابٍ
مَاعَتِقَ مِنْه - رَوَاهُ أَبُوْ دَاوُدَ وَالتِّزْ مِذِىُّ وَفِيْ رِوَايَةٍ لَهُ قَالَ يُؤْدَى الْمُكَاتَبُ بِضَّةٍ مَا آتَى دِيَةً حُرٍ وَمَا بَقِىَ دِيَّةً
عَبْدٍ وَضِّئَّفَئ۔
3402. Sayyiduna Ibn Abbas رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "When
a slave who has bound himself to buy his freedom receives blood money or an
inheritance, he will inherit only." To the extent he has been set free."
According to a version, he said, "Blood wit will be paid for a mukatab at the rate
that is payable for a free man for so much as he has paid his purchase price but at
the rate that is payable for a slave for much as remains to be paid."3
COMMENTARY: The slave will get from his inheritance, accordings what he has paid for
1 Tirmidhi # 1264, Abu Dawud # 3928, Ibn Majah # 2520.
2 Tirmidhi # 1264, Abu Dawud # 3927, Ibn Majah # 2519, Musnad Ahmad 2-179.
3 Tirmidhi # 1263, Abu Dawud # 4582, Nasa'i # 4811.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
443
his freedom.
As for blood wit his heirs will get when he is killed only the extent he had paid for his freedom.
That which he had not paid will represent his slavery. Bloodwit on that portion will be half of
what free man's heirs get. So, his master will get that amount at half that of a freeman's rate
In other words, the mukatab is deemed to be free to the extend he has paid towards his price.
Only Imam Wakh'ee aus, abides by this hadith. Majority of the ulama (Scholars) say that
this hadith is weak and contradicts the two sahih ahadith (# 3399, and 3401) narrated by
Amr ibn Shu'ayb als, that a mukatab remains a slave till he pays his full price.
SECTION III
اَلْفَضْلُ الثَّالِثُ
REWARD CONSIGNED TO THE DEAD
(٣٤٠٣) عَنْ عَبْدِ الرَّحْمنِ بْنِ آَبٍ عُمُرَةَ الْآَنْصَارِيّ آثَّ أُمَّهُ أَرَادَتْ أٌَ تُمْتِقَ فَأَخَّرَتُ ذَلِكَ إِلَى آْ
تُصْبِحَّ فَمَاتَتْ قَالَ عَبْدُ الرَّحُمُنِ فَقُلْتُ لِلْقَاسِمِ بْنِ مُحَمَّدٍ آَيَنْفَعُهَا أَنْ أُعْتِقَ عَنْهَا فَقَالَ الْقَاسِمُ آَتَى سَعْدُ
بُنُّ ◌ُبَّادَةَ رَسُولَ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ إِّ أُتِى هَلَكَّتْ فَهَلْ يَنْفَعُهَا أَنْ أَعْتِقَ عَنْهَا فَقَّلَ
رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ نَعَمُ - (رواه مالك)
3403. Sayyiduna Abdur Rahman ibn Amrah al-Ansari alus, said that his mother
had wanted to set free a slave but put if off till morning. (Before she could do
that) she died.
Abdur Rahman ales, said "I asked al-Qasim ibn Muhamamd als,, 'will it benefit
her if I set free a slave on her behalf?'"
Al-Qasim رحمه الله informed him that Sa'd ibn Ubadah رضى الله عنه had met Allah's
Messenger صلى الله عليه وسلم and said, "My mother had died. Will it benefit her if I set free
a slave on her behalf?" Allah's Messenger صلى الله عليه وسلم had said, "Yes."1
COMMENTARY: Sayyiduna Qasim ibn Muhammad alus, was the grandson of Sayyiduna
.رحمه الله Abu Bakr
He was one of seven well. Known jurists of Madinah.
The ulama (Scholars) agree that a dead person may be consigned reward for monetary
worship. But they differ on whether reward can be consigned to them for physical worship.
The more correct thing, however, is that reward against physical worship may also be
consign to the dead.
(٣٤٠٤) وَعَنْ يَحِى بُنِ سَعِيُّدٍ قَالَ تُوُنِّ عَبْدُ الرَّحُمِنِ بُنُّ آَنِي بَكْرٍ فِيْ نَوْمٍ نَامَهُ فَأَعْتَقَّتُ عَنْد عَائِشَةُ أُخْتُهُ رِقَابًا
گھیرگ-(رواهمالك)
3404. Sayyiduna Yahya ibn Muhammad als, said that (Sayyiduna) Abdur Rahman
ibn Abu Bakr رضى الله عنه died in his sleep. (Sayyidah) Ayshah !رضى الله عنها his sister, set free
may slaves on his behalf.2
رضى الله عنه knew that Abdur Rahman رضى الله عنها! COMMENTARY: Perhaps Sayyidah Ayshah
1 Muwatta Maalik 38. 8-13.
2 Muwatta Maalik # 38. 8-14.

444
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
could not release some slaves during his life time which ended abruptly, which it may have
been wajib (obligatory) on him set free.
Another possibility is that his sudden death may have upset her. So the decided to consign
reward to him by emancipating many slaves on his behalf.
WHEN SLAVES ARE BOUGHT WITHOUT MY PRE-REQUISITE
(٣٤٠٥) وَعَنْ عَبْدِ اللهِ بْنِ عُمَرَ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنِ اشْتَرِى عَبْدًا فَلَمْ يَشْتَرِظُ مَالَه
فَلاشىء له(رواه الدارمى)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Umar .3405
, said, "He who buy a slave without placing any condition about his property
will get nothing of it."1
COMMENTARY: If anyone buys a slave and strikes a bargain but omits to include the
slave's property then he will get nothing of it because it will not come to him with the
slave. Any property of the slave will remain with the person from whom he buys the slave,
his previous owner.
CHAPTER - III
OATHS & VOWS
بَابُ الْأَيْمَانِ وَالُّذُؤُرِ
KINDS OF OATHS & COMMAND ABOUT THEM: There are three kind of oath:
(i)
(غموس) Ghumus
(ii)
Laghw(w)
(iii)
Mun'aqidah ( ¿. tău))
GHAMUS
is a false oath on something past or present like saying, "By Allah's I have
done it." But in truth, it was not done. It is also accusing someone on oath, "By Allah
Khalid owes me one thousand rupees." Such a person is a sinner but no expiation is due
against it though the liar must repent and seek forgiveness of Allah.
LAGHW
is an oath about something past or present and the person who swears
believes himself to be true but the facts are not as he says, For instance, he may say, "By
Allah, I did not do it!" though, in fact, he had done it but presumes to the contrary. Or,
he sees someone from a distance and says on oath that he had seen 'zayd.' But, in fact,
that man was not 'Zayd' we may hope about this kind of oath that no reckoning will be
taken from him.
MUN'AQIDAH
is an oath about something in the future, like, to do, or not to do
something. It is a promise. If it is not fulfilled then an expiation will be due, as wajib
(obligatory). For instance, a man may promise to do something, "I shall give you one
hundred rupees, tomorrow, by Allah." If he fails to do so then he will have to make an
expiation, as a wajib (obligatory) duty on him. Something, it becomes wajib (obligatory) to
fulfil the mun'aqidah. oath, like promising to perform the fard (compulsory) duties or to
abstain from sin. One may say, "By Allah, I shall offer the salah (prayer) of zuhr," or "by
Allah, I shall give up committing adultery." It is wajib (obligatory) to fulfil these promises.
1 Darimi # 2561.

445
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
WHEN PROMISES MUST NOT BE FULFILLED: In some cases, it is wajib (obligatory) not
to fulfil promises. Examples are when a foolish person promises to commit a sin, or to
neglect a wajib (obligatory) deed, then it becomes wajib (obligatory) to break the promise.
Similarly, there are some oaths of the mun'aqidah class that though it is not wajib
(obligatory) to break yet it is better to do so. For example, if anyone says, "By Allah, I shall
not meet any Muslim, then it is better not to fulfil the promise.
There are other cases, when in order to honour promises, it is better to fulfil one's oath.
EXPIATION: It must be understood that, under all circumstances, it is wajib (obligatory) to
make an expiation for breaking an oath of munaqidah type. The oath may have been taken
deliberately or under compulsion, or one may have been forced to break an oath.
(A promise made is a debt unpaid. - Robert W Service)
EXPIATION OF OATHS: The expiation for breaking an oath is
(i)
to set a slave free or
(ii)
to feed ten needy people. In both these options, the conditions and rules will
apply that have been mention for zihar by setting free a slave or feeding the
poor.
. (iii)
Or, ten needy people may be provided clothing to wear to each of them, such
that most of the body is covered. So, if only trousers are given then that is not
enough.
(iv)
If a person is unable to follow any of these three options, then he must fast
three days in succession.
ADVANCE EXPIATION: It is allowed to make an expiation before breaking the promise.1
WHEN NOT WAJIB (OBLIGATORY): Expiation is not wajib (obligatory) for a promise
made by a disbeliever, even if he breaks it after becoming a Muslim. Also, no expiation is
wajib (obligatory) for the promise of a child, a sleeping person and a mad man because their
oath or promise is not valid.
OTHER RULINGS OF OATH: Three letters are used I Arabic for oath:
(i)(3) (waw), e.g.(år,) (wallah)
(ii)() (ba), e.g(44) (billah)
(iii)(=) (ta),
e.g.(au) (tallah).
Each of these three means, "By Allah" or "I swear by Allah."
In Arabic parlance, these letters are not always used but, nevertheless are implicit, for
example, if anyone says (Allan), he means («tài,) (By Allah, I shall do it)
ON ALLAH: The oath is taken by the personal name of the creator, Allah, or by one of His
attributes, like Ar-Rahman, Ar-Rahim, Al-Haq. It is not necessary to form an intention
unless those attributes are used as are also applies to others besides Allah, like Aleem,
Hakeem and so on, in which case it is necessary to form an intention. In the same way, it is
also proper to take oath by those attributes of Allah as is commonly done, like 'By Allah's
Might and Glory! Or 'by Allah's Greatness and power!' However, it is not proper to take on
oath by such attributes with which it is not normally done, like His mercy, knowledge,
pleasure, wrath and punishment.
1 However elsewhere it is stated that if expiation is made and then perjury is committed then
expiation will have to be made all over again.

446
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
NOT ON OTHERS: It is not allowed to swear on anyone besides Allah, like 'By my father.'
'By my granny,' 'By the Quran,' or on the prophets, angel, the Ka'bah salah (prayer), fasting,
masjid Haram (sacred Mosque), zamzam and other symbols.
IGNORANT OATHS: It is also disallowed to swear, as some people do out of ignorance
"By my youth, By my head, By your life" "By you!" Or, as some swear on their children.
All these oaths are forbidden. However, if one swears in any of these forms and then fails
to act in it then he will have to atone for breaking his promise.
OTHER FORMS: In Arabic: (عمر الله) (By the Ever Lasting Allah) (عمرك الله) (I adjure you by
Allah ... ), In Hindi (سوكند خدا) so ghand khuda or (خدا کی سوگند) Khuda ki soghand Khata hun -
these are forms of oath. More kinds of oath include Abdullah, Mithaqullah, I swear, I take
on oath, Ash hadu (even without the word 'Allah'.
In the same way, if any one says, 'I am under a vow' or 'I am under an oath' .... (even
without saying Allah) these are forms of oath. If anyone says, "If I do such a thing then I
will become a disbeliever, or a Jew, or a Christian." Or he says, "If) do that, I am absolved
of Allah." These are all forms of oath and if anyone does against what he says then it is
breaking an oath, but he does not become a disbeliever, Jew or Christian. The promise he
makes or oath he takes may be about the past or the future but he should be aware that
such a statement amounts to an oath. However, if he had no mind of swearing but did
really have disbelief in mind then because he himself adopted disbelief, he will become a
disbeliever.
If anyone says about another, If he does such a thing then may Allah's wrath be on him" -
or such words - then this is not classified as on oath. Saying (u-) (truthfully) or (al jas) (wa
haqq Allah) are also not oaths. However, Imam Abu Yusuf ale-, differs about it.
To say, "May I swear on Allah." or "May I swear on divorce to my wife," are also not oaths.
If anyone says about something that he owns that it is forbidden to him, then that doest not
become forbidden to him. However when he uses it, he will be bound to make an expiation.
If anyone says that all lawful things are forbidden to me lawful it will apply to all eatables
and drinks. So, if he will eat anything that is lawful then he will have to make an expiation
for breaking a promise, as wajib (obligatory). An edict (fatwa) is also given that if he says in
this way then his wife will have been divorced even if he had not formed such an intention.
The same ruling will apply if he says "Lawful things are forbidden to me." Or "whatever I
take in my right hand is forbidden to me."
`If anyone adds to his oath, the words insha Allah1 then he will not be a perjurer. Because this is
not an oath at all, so doing any thing contrary to it will not make an expiation wajib (obligatory).
This far we spoke on oaths to some extent. Now let us discuss about the second portion of
the chapter, vows.
VOWS & RELATED COMMANDS
The words (ju) (nadhar) is a vow. It is to make something wajib (obligatory) on oneself
though it was not wajib (obligatory). For example, a man may say, "O Allah, if that takes
place, then I shall fast five days."
Some ulama (Scholars) say that all the scholars agree that it is correct to vow to do
something and wajib (obligatory) to fulfil it once made, provided one does not vow to
1 If Allah will.

447
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
commit a sin. If the vow pertains to something sinful, then Imam Shafi'I al des, and the
majority of the ulama (Scholars) hold that the vow is not correct. Imam Abu Hanifah ales,
and Imam Ahmad att, say that not only will the vow not be correct but also he who
makes this kinds of a vow will have wajib (obligatory) on him the expiation of an oath
صلى اللهعليه وسلم perjury), Their contention is based on the saying of the Prophet)
لَا نَذْرَ فِيْ مَعْصِيَّةٍ وَكَفَارَتُهُ كَفَّارَةُ وَمِیْنٍ
"There is no vow of disobedience and its expiation is the expiation of an oath."1
It is stated in Multaqi that if anyone makes an unspecified vow, meaning without any
condition and says only, "I will fast to please Allah," then it is binding on him to fulfil his
vow. Or, he vows specifying a condition which he likes to be fulfilled, like saying, "If I
regain health, I shall fast." Then, he regains health. So, (in both these situations) he will
have to fulfil his vow.
If he specifies his vow with a condition which he is not eager to get fulfilled like, "If I
commit adultery then it will wajib (obligatory) on me to set a slave free," then he has option
either to make an expiation for the oath or fulfil his view, meaning emancipating a slave.
OTHER BOOKS: For a comprehensive study of the subject of vows, books of fiqh (Islamic
jurisprudence) may be consulted as also Fatawa Alamgiri. However, it is very necessary to
mention a very significant and beneficial ruling about vows. It is that it is not allowed to
make a vow to anyone at all other than Allah, not a prophet, an angel, a very pious
religions man or anyone else. Examples are to say, "If my wish is granted, I shall held a
mawlud. (Mawlud is a gathering organized to celebrate the Prophet's ,,lean. birthday.)
Or, 'If my work is done, I shall lay a wreath at the grave of so and so holy man." It is very
sinful to do such things. Here, we reproduced the very useful information from matah
masa'il of Mawlana Muhammad Ishaq atos, which he has compiled from reliable and
authentic sources. He writes:
{It is not correct to make a vow "If Allah grant me my wish, I shall shower 'So much
money' or 'so many vessels of food' at the grave of a certain religious man." A vow is
correct if made to Allah only when certain conditions are fulfilled. If those conditions are
not met then the vow is not correct. These conditions are:
(i)
What one vows to do must be of the nature of wajib (obligatory) in Shariah (like
optional salah (prayer), fasting, and so on). Thus, if one vows to pay a sick visit
when his wish is granted then this vow is not correct because it is not wajib
(obligatory) in Shari'ah (divine law) to pay a sick visit.
(ii)
What one vows to do should not be wajib (obligatory) at that time or at any
other time, like the five times salah (prayer) (or fasting in Ramadan or Zakah
(Annual due charity), etc).2
(iii)
What one vows to do should be a form of worship itself that is aimed at, and
not a means to achieve that aim. Thus, a vow to make wadu (or ablution) is not
correct because wadu is not an aimed (or ultimate form of) worship. It is a
means to an ultimate form of worship.
(iv)
What one vows to do to get something that 'something' or the wish must not
1 Tirmidhi # 1529, Darul Isha'at Karachi. Abu Dawud # 3290.
2 any prescribed worship.

448
Vol.3
Translation & Commentary of MISHKATUL MASAABIH
be a sin.
Keeping these conditions in mind, it is clearly not correct to vow to shower so much money
or vessels of food at the grave of a righteous man because this act is not a form of ultimate
worship as recognized by Shari'ah (divine law). However, this vow can become correct if
one declare 'to feed the servants and poor people at the grave of the righteous man if one's
wish is granted.' It will be correct and must be honoured and fulfilled. It is not necessary to
distinguish between the servant and the poor at that grave. Rather, any servant or poor
may be fed to fulfil the vow.
If on the other hand, anyone vows to feed in the name, or for the sake of, a certain
righteous man if his wish is granted, then it is not allowed. This kind of a vow is void and
wrong and also it is forbidden to use the offerings of the vow whether food or money.
This issue is elaborated in Bahr ur Ra'iq in these words:
وَأَنَّا النَّذَرُ الَّذِى يَنْذُرُهُ أَكْثَرُ الْعَوَامِ عَلَى مَا هُوَ مُشَاهَدْ كَأَنْ يَكُونَ لِلْإِنْسَانٍ غَائِبٌ أَوْ مَرِيُضْ آَوْلَهُ
حَاجَةٌ ضَرُؤْرِيَّةٌ فَيَاتِ فِي بَعْضِ مَزَارَاتِ الشُّلُحَأْ فَيَجْعَلُ سِتُرَهُ عَلَى رَأْسِهِ وَيَقُولُ يَا سَيِّدِئْ قُلَاْ إِ
رَوَّغَائِى أَوْعُوْفِى مَرِيفِىْ أَوْ قَيْتَ حَاجَتِى فَلَكَ مِنَ الذَّهَبِ كَذَا أَوْ مِنَ الْفِضَّةِ كَذَا أَوْ مِنَ التَّعَامِ كَذَا أَوْ
مِنَ الْمَاءِ كَذَا أَوْ مِنَ الْقَمْحِ كَذَا أَوْ مِنَ الزَّيْتِ كَذَا فَهْذِهِ النُّذُرُ بَاطِلْ بِالْأجْمَاءِ لِوُجُوْءٍ مِنْهَا أَنَّهِ نَذَرْ لِمَخُلُقٍ
وَالنَّذَرُ لِلْمَخْلُوْقِ لَا يَجُزُ لِأَنَّهُ عِبَادَةٌ وَالْعِبَادَةُ لَا يَكُوْنُ لِمَخْلُوْقٍ وَمِنْهَا آَبَّ الْمَنْذُوُرَ لَهُ مَيِّتْ وَالْتَيِّتُ
لَا يَمْلِكُ وَمِنْهَا إِنْ ظَنَّ آَّ الْمَيِّتَ يَتَصَرَّفُ فِي الْأُمُوْرِ دُوُنَّ اللّهِ فَ إِعْتِقَادُهُ بِهِ ذلِكَ كُفْرْ اَلَّلهُؤَّ إِلََّ
آكْ يُقَالَ يَا اللهُ إِّ نَذَرْتُ لَكَ إِنْ شَفَيْتَ مَرِيِفِى أَوْ رَدَدْتَ غَائِىٌ أَوْ قَضَيْتَ حَاجَتِى أٌَ أُطْعِمٌ
الْفُقَرَاءَ الَّذِيْنَ بِبَّابِ الشَِّّدَةِ نَفِيْسَةً أَوِ الْمُقَرَاءَ الَّذِيْنَ بِبَابِ الْإِمَامِ الشَّافِيِّ أَوِ الْإِمَامِ آَيِ اللَّيْثِ آَوِ اشْتَرى
حَصِيْرًا لِمَسَاجِدِ هِمْ أَوْزَيْتًّا بِوَقُوْدِهَا أَوْ دَرَاهِمَ لِمَنْ يَقُوْمُ بِشَعَائِرِهَا إِلِى غَيْرٍ ذَلِكَ مِمَّا يَكُوُجُ فِيْهِ النَّفْعُ
لِلْفُقْرَاءِ وَالنَّذُرُ لِلّهِ عَزَّوَجَلَّ وَذِكْرُ الشَّيْخُ إِنَّمَا هُوَ لِبَيَانٍ مَحَلِّ تَصَرُّفِ النَّذُّرِ لِمُسْتَحِقِّيْهِ الْقَانِطِيْنَ بِرِبَاطِه
أَوْ مَسْجِدٍهٍ أَوْ جَامِعِهِ فَيَجُوُزُ بِهَذَا الْإِعْتِبَارِ إِذُ مَصْرَفُ النَّذِّرِ الْمُقَرَاءِ وَقَدُ وُجِدَ الْمَصْرَفُ وَلَّا يَجُوزُ أَنْ
يُصْرَفَ ذَلِكَ لِغَتِي غَيْرٍ مُحْتَاجٍ وَلَّا لِشَرِيْفِ النَّسَبِ لِأَنَّه لَا يَحِلُّ لَهُ الْأَخُذُّ مَالَمُ تَكُنُ مُحْتَاجًا وَلَا لِذِىُ
مَنْصَبٍ لِأَجْلِ مَنْصٍَهٍ مَا لَمْ يَكُنُ فَقِيْرًا وَلَّا لِذِيُ عِلْمٍ لِأَجُلٍ عِلْمِهِ مَا لَمْ يَكُنُ فَقِيْرًا وَلَمْ يَثْبُتُ فِي الشَّرْعِ
جَوَازُ التََّرُّفِ لِلْأَغْنِيَاءِ لِلْأَجْمَاعِ عَلى حُرُمَةِ النَّذَّرِ لِلْمَخْلُوقِ وَلَّا يَنْعَقِدُ وَلَّا يَشْتَغِلُ الذِّمُّ بِهِ وَإِنَّهِ حَرَاهُ
بَلُ سُحُتْ فَلَا تَجُزُ ◌ِخَادِمِ الشَّيْخِ آَخْذُهُ وَلَا أَكْلُهُ وَلَا التَّصَرُّفُ فِيْهِ بِوَجُهٍ مِنَ الْوُجُوْهِ إِلَّ اَنْ يَكُوَُ
فَقِيْرًا وَلَّهُ عِيَّالْ فُقُرَاءُ عَاجِزُوْنَ عَنِ الْكُمْبٍ وَهُمْ مُفْطَرُّونَ فَيَاخُذُوْنَهُ عَلَى سَبِيْلِ الشَّدَقَّةِ الْمُبْتَدَأَةِ
وَأَخُذُهُ أَيْضًا مَكُرُؤُهُ مَا لَمْ يَقْصُدُ بِهِ التَّاذِرُ التَّقَُّّبَ إِلَى اللَّهِ تَعَالِى وَصَرُ فَهِ إِلَى الْفُقَرَاء وَيَقْطَهُ النَّظَرَ عَنُ نَذْرٍ

449
Translation & Commentary of MISHKATUIL MASAABIH
Vol.3
الشَّيْخِ فَإِذَا عَلِمُتَ هُذَا فَمَا يُؤْخَّذُ مِنَ الدَّرَاهِمِ وَالشَّمْعِ وَالزَّيْتِ وَغَيْرِهَا وَ يُنْقَلُ إِلى ضَرّائِحِ الْأَوْلِيَاءِ تَقَُّبًا
إِلَيْهِمْ فَحَرَامْ بِإِجْمَاءِ الْمُسْلِمِيْنَ مَا لَمْ يُقْصَدُ بِصَرْ فِهَا الْفُقَرَاء الْآَخْيَاءُ قَوْلًّا وَاحِدٌ وَكَذَا فِي النَّهْرِ وَالُّرِّ-
(As for as vow in concerned, the ignorant people generally make a vow when they
face a problem or have a need by visiting the grave or shrine of a pious man and put
its covering on their head or hold the wreath (of the grave) and plead:
"O my master (so and so) If my problem (this and that) is solved or my need (such
and such) is met, I shall shower on this shrine (so much) gold (or silver, or food, or
water, or candles, or oil .... )"
This kind of vow is invalid in the sight of all the ulama (Scholars). There are many
reasons why it is invalid.
(i) This is a vow invoking someone (other than Allah) who is a creature. It is
forbidden to invoke others than Allah because a vow is a form of worship and it is
not allowed to worship creatures.
(ii) The vow is made in the name of the grave dweller who is lifeless who is not an
owner or master of anything.
(iii) If at the time of making the vow it is believed that the dweller of the grave also
has a say in people affairs just as Allah has, then this kind of conviction is disbelief.
Hence, O Allah, instead of making such vows, guide us to make a vow in this
manner: 'O Allah I make a vow before you that if you solve my problem (or give
me my need), then I shall feed these poor people at the shrine of Sayyidah
Nafisah als, or those at the grave of Imam Shafi'I atus, or Imam Abu al Layth ,
àn, or I shall provide for their mosques sackcloth (mats, prayer rugs, etc), or for
their mosque oil for lamps, or I shall give money to those who serve at the
mosques of these righteous men and who maintain the symbols (meaning the
mu'adhdhins and the imam).
Or, he may mention some other things which would benefit the poor and the needy.
This kind of a vow will be for Allah and before him and he mention of the pious
man or of the servants at his grave will be in connection with the spending towards
the vow. The spending is on the deserving people who reside at the retreat or
mosque of the righteous people.
It is correct to make a vow in this manner because its beneficiaries are the poor
people who are found there. It is not allowed to spend that (which is vowed to be
spend) on those who are not needy or on those who are of noble descent. It is not
proper for anyone who is not poor (and destitute or in need) to accept that which is
vowed to be spend. It is also not allowed to use it on anyone holding an office
because of his position unless he is needy. It is also forbidden to spend on a learned
man because of his knowledge unless he is poor.
Shariah does not condone the spending of that which one has vowed (as an
offering) on such people as are well off and not poor or needy.
Further, the ulama (Scholars) agree that it is forbidden to make a vow before any
creature or in his name. If any one does so then it is not correct even if that creature
whose name the vow is made is righteous and it is not wajib (obligatory) to fulfil
the vow. Apart from being forbidden, the vow will be regarded as bribery. It is not
allowed to the keepers and servant of that righteous person to take what is offered
against the vow and eat any food offered or use any other thing offered. However, if

450
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
any one of them in desperate and guardian of children who are unable to earn a
living for themselves and are in dire need then they are allowed to take from the
offering against the vow at the initial stage as a sadaqah (charity), but even in that
case it will be makruh (disapproved) to take it till the intention of the person
making the vow is not to earn nearness to Allah and he is not motivated to earn the
pleasure of the righteous man, but seeks to spend on the deserving.
Having know the facts in detail, you must realize that whatever money and
other things are showered on the graves of the awliya (Allah's friends, righteous
men) to gain nearness to them are forbidden in the sight of all Muslims. The
person making the vow should form an intention to spend on the poor. (Only
then will it be correct.)
This piece is from bahr ur Ra'iq and is also found in an Nahrul fa'iq nad ad Dar
ul mukhtar}1
Apart from the foregoing extract from the sayings of Mawlana Muhamad Ishaq, we
reproduce here the answer of Mawlana Rashiduddin Khan ales,.
QUESTION: When people make a vow in the name of righteous people, they make an
offering of food. Is it allowed to eat from it and is it allowed to make vows in their names
(and to make invocation to them)? Or, is it not allowed? If it is proper, then how?
Besides, some vows are conditional to granting of prayers for need and some are without
condition. Is there a difference between the two.
ANSWER: The meaning of nadhar (vow) in the terminology of Shariah is to make
something that is not wajib (obligatory) as wajib (obligatory) on oneself. It is written in Jami ur
Rumuz:
النَّذَرُ إِنْجَابٌ عَلَى النَّفْسِ مَا لَيْسَ عَلَيْهَا بِالْقُبُوُلِ
(A nadhar is to make obligatory on oneself that which was not necessary to do
before that.)
writes in his Tafseer Kabir against the verse {Whatever vow you make) atu,Imam Razi
الَّذَرُ مَا الَزُمَةَ الْإِنْسَاكُ عَلَى نَفْسِهِ
that it means:
(Nadhar is what a person makes obligatory on himself).
This is a brief explanation of nadhr (vow). A full explanation may be seen in books of fiqh
(Islamic jurisprudence) and usul.
The word niyaz (that is often used wit h nadhar) has many meanings and it is a Persian
word. One of its meanings is that which is given to the darwaysh (dervish) or mendicant as
a gift. (Al-Burhan al-Qati)
After knowing the literal and technical meaning of these two words nadhar and niyaz, we
must obey the command of Shari'ah (divine law) about them: nadhar (or vow) is not
allowed for anyone other than Allah. Making a vow for anyone else is not only not correct
but also it is contrary to reliable jurists traditions to take or eat anything from it.
ABOUT NIYAZ:
This far was our discussion about nadhar. Now let us touch on niyaz.
We learnt the meaning of niyaz as a gift to a dervish. It is kindness and joining. Hence, if
1 Matah Masail (Mawlana Muhammad Ishaq).

451
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
anyone sends to a righteous living person something as a niyaz, meaning gift, then it is
allowed. The righteous person is permitted to eat or use it. Also, if niyaz, meaning fatihah
(Prayer and recital) is held to consign reward to a deed righteous man, then that too is
permitted, but some clarification is necessary, concerning eating and use of this niyaz. If
the person who makes the niyaz does it with intention to consign to the dead righteous
man reward for sadaqah (charity) of the eatables then only the poor are permitted to eat
from that. The well to do are not allowed to eat. If this intention is to consign the reward (of
its permissibility to all Muslims) to the righteous man than every hungry person may eat
from it, whether rich or poor.
In short, if a nadhar is made for the righteous to gain his pleasure or to get one's need from
him then it is not allowed in the light of the foregoing discourse. And it is not allowed to
eat or use its offering
If a nadhr (or vow) is not intended to gain nearness to the righteous and has no condition
attached to it of gating one's need thereby, but is aimed only to earn Allah's pleasure and
then to consign reward to the righteous person then while the rich are not allowed to
partake of it or use it the poor are allowed as long as reward of sadaqah (charity) of the
offerings is consigned. But, if reward of its permissibity to all Muslim is consigned the
everyone rich and poor may eat, or use it.
The ruling for niyaz is also similar. If the niyaz for the righteous is orly to consign reward
then it is allowed. But, it is not allowed to bind oneself to do something in order to gain
nearness to them or their pleasure whether with intention of getting one's needs granted or
with no such intention. The reason is that it is a nadhar (vow) which is not allowed for any
one but for Allah.
We learn, therefore, that whether one makes the condition of a need being fulfilled or
not, it is forbidden to make wajib (obligatory) on oneself anything in the name of any one
other than Allah.
Niyaz for a righteous person is permitted only when there is intention to gain nearness to
him and to get one's desire, but the aim is merely to please Allah and to convey the reward
to the righteous man. As for the offering of the niyaz, it is allowed to eat and use according
to the foregoing clarification.
It is stated in Dalil ud dallean that nadhar made only for Allah's sake and not for anyone
else. Hence, if anyone vows in the name of a prophet or wali (man of Allah), then he is
bound to do nothing. Nothing is wajib (obligatory) on him, and he is not liable to fulfil the
vow. If he gives the thing (or offering) of the nadhar to someone with the same intention,
then it is not allowed to that man to take it or to eat it. If that thing is a slaughtered animal
then it falls in the category of a dead animal or a carrion. Rather, if people eat it after saying
(åt(-) (Bismillah - In the name of Allah) then all of them will have done an act of disbelief.
If any one makes a nadhar (vow) for Allah's sake and then people eat from the offering and
consign its reward to the dead then it is allowed:
SEE ALSO:
(1)Heavenly ornaments (Bahishti Zewer) by Mawlana Muhammad Ashraf Ali Thanawi ,
Às (English translation) on vows pp 431-434 and on Oaths pp 435-441. (Darul Isha'at
Karachi)
(2)The Hidayah commentary on Islamic laws by Al-Murghinani (English translation on
vows anyman pp 304 to 352 (Darul Isha'at Karachi)

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
452
SECTION I
اَفَضْلُ الْأَوَلْ
(٣٤٠٦) عَنِ ابْنِ عُمَرَ قَالَ قَالَ آَكْفَرُ مَا كَانَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ تَخْلِفٌ لَا وَمُقَلِّبَ الْقُلُوُبِ- (رواه البخارى)
3406. Sayyiduna Ibn Umar رضى الله عنه narrated that often the Prophet صلى اللهعليه وسلم used
the oath
وَمُقَلِّبَ الْقُلُوبِ
"Be the Turnur of the hearts!"1
COMMENTARY: This hadith is evidence that oath may be taken by any of the attributes of Allah.
NO SWEARING ON OTHERS THAN ALLAH
(٣٤٠٧) وَعَنْهُ أَكَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ إِكَّ اللهَ يَتْهَاكُمْ أَنْ تَخْلِفُوا بِآبَائِكُمْ مَنْ
كَانَ حَالِفًا فَلْيُحُلِفُ بِاللهِ أَوْ لِضْمُتُ - (متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .3407
said, "Allah forbids you that you should swear by your fathers. If anyone must
swear then he should swear by Allah (or by this attributes), or he should
observe silence."2
COMMENTARY: The prohibition to swear by the father is by way of example, for actually,
it is disallowed to swear by anyone others than Allah. Only father is named because it is
the habit of the people to swear by their fathers.
The reason is that no one should be brought at par with Allah and regarded as
comparable to him.
Sayyiduna Ibn Abbas sal+, said, "If I swear by Allah one hundred times and break
the oath each time, then it is better then swearing by anyone else just and honouring
that promise."
As for Allah, Mighty and Glorious, is concerned, it is proper for him that he declare His
Greatness and Glory, by Swearing on whoever he wishes of His creatures.
There can arise a question on this hadith because once the prophet صلى الله عليه وسلم had sworn
on his father (wij(fi) while here he disallows it. We might say that he may have done that
before it was forbidden to do so, Or, he may not have taken that oath but he may have
uttered the words out of old habit.
(٣٤٠٨) وَعَنْ عَبْدِ الرَّحُمْنِ بُنِ سَمُرَةَ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَحْلِفُوا بِالتَّوَاغِ وَلَّا
پآبائگھـ(رواه مسلم)
3408. Sayyiduna Abdur Rahman ibn Samurah As a +, narrated that Allah's
Messenger صلى الله عليه وسلم said, "Do not swear by idols and not by your fathers."3
COMMENTARY: During the jahiliah, people generally swore on the idols and fathers. The
prophet ,le a . therefore, advised the people to give up the old custom, after they had
1 Bukhari # 7391, Abu Dawud # 3263, Darimi # 2350, Musnad Ahmad 2-26.
2 Bukhari # 6646, Muslim # 3-1646, Tirmidhi # 1543, Abu Dawud # 3249, Nasa'i # 3767, Ibn Majah #
2094, Darimi # 2341, Muwatta Maalik # 14 (Mudhur vows), Musnad Ahmad 2-7.
3 Muslim # 6-1648, Nasa'i # 3774, Ibn Majah # 2095, Musnad Ahmad 5-62.

453
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
embraced Islam.
(٣٤٠٩) وَعَنْ أَبِيْ هُرَيْرَةَ عَنِ النَِّيِّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ حَلَفَ فَقَالَ فِي حَلَفِهِ بِاللَّتِ وَالْعُزَّى.
فَلْقُلُ لَا إِلهَ إِلَّ اللّهُ وَمَنْ قَالَ لِصَاحِبٍهٍ تَعَالَ أُقَامِرُكَ فَلْيَتَصَدَّقُ (متفق عليه)
3409. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "If
anyone swears and says his oath, 'By Laat and Uzza, then he must say (ayıdry) (There
is no God but Allah). And, if any one says to his friend, 'Come, I shall gamble with
you!' he must rather give charity."1
COMMENTARY: That person who swears by Allah should declare "There is no God but
Allah.' This means that he must make a repentance and seek forgiveness of Allah. This
could mean two things.
(i)
If a neo Muslims happens to take the names of the two idols then he must
atone for that by reciting the kalimah because Allah says
فَإَِّ الْحَسَنَاتِ يُذِهِبَنْ الشَّيَّأْتِ - (بود/١: ١١٣)
{Surely good does will drive away the evil deeds.} (11: 114)
Hence, repentance will correct the negligence.
(ii)
If he took the names of Laat and Uzza intentionally to honour them then that
clearly is apostasy and disbelief. Hence, he must renew his faith which he must
do by reciting the Kalimah. This will mean repentance from sin.
For inviting his friends to gamble, which is a grave sin, he must make an atonement by
giving sadaqah (charity) (Which is charity). Thus he will spend some of his wealth in
Allah's path. Same people say that he is required to give in charity that which he had
intended to use to gamble.
This man merely invited his friend to gamble so he is asked to give charity. What would
have been his fate if he had gone ahead and gambled?
FALSE OATH & FALSE CLAIM
(٣٤١٠) وَعَنْ ثَابِتٍ بُنِ الضََّّاكِ قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ حَلَفَ عَلَى مِنَّةٍ غَيْرِ الْإِسْلَامِ
كَاذِبًّا فَهُوَ كَمَا قَالَ وَلَيْسَ عَلَى ابْنِ أُدَمَ نَذُرْ فِيْمَا لَا يَمْلِكُ وَمَنْ قَتَلَ نَفْسَهُ بِشَىْءٍ فِ الدُّنْيَا عُذِّبَ په يَوْمَ
الْقِيَامَةِ وَمَنْ لَعَنَ مُؤْمِنًا فَهُوَ كَقَتْاِهِ وَمَنْ ادَّعى دَعْوِىٌّ كَاذِبَةٌ لِيَتَكَفَّرَ بِهَا لَمْ يَزِدْهُ اللَّهُ إِلََّ قِلَّةً(متفق عليه)
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Thabit ibn ad-Dahhak .3410
, Ale said, "If anyone swears by a religion other than Islam falsely, then he
becomes as he says. And, it is not wajib (obligatory) on a son of Aadam ,> Jule to
fulfill a vow about something that he does not possess. And, if anyone kills
himself (in this world) with something then, on the day of resurrection, he will
suffer punishment with that very thing (meaning, if he had thrust a knife in his
body, he will continue to do it till Allah delivers him from that). And, if anyone
curses a believer, then it is like killing him And, if a person presents a false claim
1 Bukhari # 6450, Muslim # 5-1647, Tirmidhi # 1545, Abu Dawud # 1247, Nasa'i # 3775, Musnad
Ahmad 2-309.

454
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
with which to earn plenty, then Allah will cause his property to diminish."1
COMMENTARY: The first portion of the hadith means that if anyone says on oath, "If I do
that, I will be an unbeliever," and he does that work, then he becomes an unbeliever. Thus,
for an oath to be true, he must not do that. If he does what he promises not to do then he
will have made a false promise.
By swearing as he does, he perpetrates an unlawful thing and, to add to it, he belies it and
chooses disbelief willingly.
However, the hadith could also mean that he does not become an unbeliever, but it warns
that such a person might undergo the same punishment as the unbeliever will face. We
find an example of it in the Prophet's صلى الله عليه وسلم words (من ترك الصلوة فقد كفر) (He who neglects
salah (prayer) has, indeed, disbelieved). They mean that a person who does not offer salah
(prayer) is liable to receive the same punishment as a disbeliever will face.
Apart from that, the question remains whether it will be wajib (obligatory) or not to make an
expiation for breaking this kind of an unlawful oath.
Imam Abu Hanifah als, is among those ulama (Scholars) who say that if anyone breaks
the oath then he will have to make an expiation.
Imam Maalik ala, and Imam Shafi'i ales, hold that if anyone speaks in this manner then it
is not recognized as an oath by Shariah. So, no expiation is due. But, one who says in this
manner commits a sin, whether he does what he says or not.
Durr ul Mukhtar states that if anyone takes an oath in this manner and breaks it then he
does not become a disbeliever whether it concerns the past or the future, and he is
conscious that he is swearing. But if he is not aware of its being an oath and he knows that
if he lies he will certainly become an unbeliever, then it makes no difference whether it
nconcerns the past or the future., immediately with the condition being met, he becomes a
disbeliever because he chooses it willingly.
WHAT HE DOES NOT POSSESS: It is not wajib (obligatory) for a man to fulfill his vow if
he does not possess that about which he vows. If he says "I will emancipate a certain slave
if my wish is granted," then he is not obliged to fulfill his vow because he does not possess
that slave, even if he gets ownership of the slave later on. But, if he stipulates 'I will
emancipate him when I get possession of him,' then he will have to fulfill his vow on
owning him.
FLASE CLAIM: Often people make false claims to augment their wealth. Some people
relate telltale to give a false impression of their standing. In either case, Allah causes
them to fall down in wealth and reputation. This is what the so-called Sufis and peers2
do to gain fame.
IF IT IS GOOD TO BREAK AN OATH:
(٣٤١١) وَعَنْ أَبِيْ مُؤْسِى قَالَ قَالَ تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِى وَاللّهِ إِنْ شَاء اللّهُ لََّ خُلِفُ عَلى ◌ِمِئْنٍ
فَأَرَى غَيِّرَهَا خَيْرًا مِنْهَا إِلَّ كَفَّرُتُ عَنْ يَمِيْنِى وَآتَيْتُ الَّذِىُ هُوَ خَيْرٌ - (متفق عليه)
3411. Sayyiduna Abu Musa رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
1 Bukhari # 6047, Muslim # 176-110, Tirmidhi # 1548, Nasai # 3770, Ibn Majah # 2098, Musnad
Ahmad 4-33.
2 Sufi are mystics and peers are they who as religious elder, a murshid.

455
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
"By Allah, insha Allah, if I take an oath and realize, afterwards, that something
other than it is better, then I shall (break the oath and) make an expiation for it and
adopt the better thing."1
COMMENTARY: If one realizes after swearing that a better course is to forsake what he
had intended to do then he must give up the oath and do what he thinks is better.
Examples of this will be presented in the next commentary on hadith # 3412
(٣٤١٢) وَعَنْ عَبْدِ الرَّحْمُنِ بْنِ سَمُرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَا عَبْدَ الرَّحُمْنِ بُنَّ سَمُرَةَ لَا
تَسْتَالِ الإِمَارَةَ فَإِنَّكَ إِنْ أُوْتِيْتَهَا عَنْ مَسْئَلَةٍ وُكِلْتَ إِلَيْهَا وَإِنْ أُوْتِيْتَهَا عَنْ غَيْرٍ مَسْئَالَةٍ أُعِنْتَ عَلَيْهَا
وَإِذَا حَلَفْتَ عَلَّى يَمِيْنٍ فَرْأَيْتَ غَيْرَهَا خَيْرًا مِنْهَا فَكْفِرُ عَنْ يَمِيْنِكَ وَاتَ الَّذِى هُوَ خَيْرٌ وَفِي رِوَايَةٍ فَأْتِ الَّذِى
هُوَ خَيْرٌ وَكَفِّرُ عَنْ يَمِيْنِكَ - (متفق عليه)
3412. Sayyiduna Abdur Rahman ibn Samurah &s & +, narrated that Allah's
Messenger صلى الله عليه وسلم said, "O Abdur Rahman ibn Samurah, do not ask for an
office of authority, for, if you are given it on your asking, then you will be left to
yourself to tackle the affairs. But , if you get it without your asking for it then you
will be helped. And, when you take an oath and find something else better than
that then make expiation for your oath and opt for that which is better. According
to another version: "Do that which is better and make an expiation for your oath."2
COMMENTARY: The office of a ruler of chief is not something ordinary but a very
difficult proposition. Not everyone is qualified to discharge its responsibilities. Hence, one
must not crave for it. If anyone hankers after it then Allah's help will be withdrawn from
him with the result that there would be chaos all round and he will be disgraced.
However, if anyone gets this office without yearning for it, then Allah will help him and his
affairs will be well done. He will be respected and honoured.
OPT FOR THE BETTER COURSE: If you take an oath to do something wrong, like not
offering salah (prayer), severing ties with father, then it is wajib (obligatory) to break the oath
and make an expiation.
If you take an oath to do something and then realize that you have a better alternative, then
it will only be preferable to break your oath, not wajib (obligatory).
These things have been discussed in the introduction to this chapter.
The two versions of this hadith differ in the order of their words and therefore the
command to make an expiation before doing the better thing, or to do that and then make
an expiation. Three of the imam al-, hold that it is allowed to make an expiation before
breaking the oath, but among them, Imam Shafi'i a>, hold that:
(i)
if the expiation is made be fasting then it is not allowed to make the expiation
before breaking the oath; but,
(ii)
if the expiation is made by setting free slaves or feeding or clothing the needy,
then it is allowed to make the expiation before breaking the oath.
1 Bukhari # 6718, Muslim # 7-1649, Abu Dawud # 3276, Nasai # 3780, Ibn Majah # 2107, Musnad
Ahmad # 4-398
2 Bukhari # 6622, Muslim # 19-1652, Nasai # 3791, Tirmidhi # 1534, Abu Dawud # 3273, Musnad
Ahmad 5-62.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
456
Imam Abu Hanifah alus, contends that making an expiation before breaking the
oath is not allowed under any circumstances, at all. He says about the ahadith that speak
of expiation before perjury that the word (3) (waw - and) is merely a conjunction, joining
two phrases and does not imply sequence of the two actions. And, indeed, the ahadith do
not suggest any kind of sequence of the two commands.
(٣٤١٣) وَعَنْ أَبِيْ هُرَيْرَةَ ◌ََّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ حَلَفَ عَلَى يَمِيْنٍ فَرَأى خَيْرًّا مِنْهَا
فَلْيُكَفِّرْ عَنْ يَوِيُنِهٍ وَلْيَفْعَلُ (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3413
said, "If anyone takes an oath and then finds a better proposition then let him make
an expiation for his oath and undertake the better preposition"1
(and break the oath)
(٣٤١٤) وَعَنْهُ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ وَاللَّهِ لََّنْ يَلَةَّ أَحَدُكُمْ بِيَمِيْنِهِ فِي أَهْلِهِ أَثَهُ لَهُ عِنْدَ
اللَّهِ مِنْ آَنْ يُعْطِئِ كَفَّارَتَهُ الَّتِى افْتَرَضَ اللهُ عَلَيْهِ(متفق عليه)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3414
said, "By Allah, for any of you to insist on his oath concerning his family is more
sinful in Allah's sight than (breaking it and) giving an expiation that Allah has
prescribed (for it)."2
COMMENTARY: To commit perjury is very bad. But, if there is good in it for the family
members, it is better to negate the oath and to make an atonement for it.
ONE WHO ADJURES SHOULD BE BELIEVED
(٣٤١٥) وَعَنَّهُ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ زَمِيْنُكَ عَلَى مَا يُصَدِّقُكَ عَلَيْهِ صَاحِبُكَ (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3415
said, "Your oath will be correct only when your companion (who adjures you)
confirms you to be true."3
COMMENTARY: The person who takes the oath is not the central figure but confirmation
is required from him who gets him to swear. However, it depends on a right of the latter
on the person who takes the oath.
If there is no right likely to be violated then there is no harm if a vague or a symbolic
statement is made. This is Prophet Ibrahim (> Jiale meant to say (about his wife). "She is
my sister in religion."
(٣٤١٦) وَعَنْهُ قَالَ قَالَ رَسُوْلُ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْيَمِيْنُ عَلَى نِيَّتِ الْمُسْتَحْلِفِ (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3416
said, "The oath will be dependant on the intention of him who gets it taken."4
(This is according to the Urdu translation, but elsewhere and Muslim have: 'the
1 Muslim # 12-1650, Musnad Ahmad 8742, Muwatta Maalik # (Nuzur).
2 Bukhari #6625, Muslim # 26-1655, Musnad Ahmad 2-317.
3 Muslim # 20-1653, Tirmidhi # 1359, Abu Dawud # 3255, Ibn Majah # 2121, Musnad Ahmad 2-228.
4 Muslim # 21-1653, Ibn Majah # 2120.

Vol.3
Translation & Commentary of MISHKATUL MASAABIH
457
.
intention of one who takes it.')
VAIN OATHS WILL NOT BE RECKONED
(٣٤١٧) وَعَنُ عَائِشَةً قَالَتْ أُنْزِلَتْ هَذِهِ الْآيَةُ لَا يُؤَاخِذُ كُمُ اللّهُ بِاللَّغْوِ فِىِ آَيْمَانِكُمْ فِى قَوْلِ الرَّجُلِ لَا
وَاللَّهِ وَبَلَى وَاللَّهِ رَوَاءُ الْبُخَارِىُّ وَفِي شَرُحِ السُّنَّةِ لَفْظُ الْمَصَائِحِ وَقَالَ رَفَعَهُ بَعْضُهُمُ عَنْ عَائِشَةَ-
3417. Sayyidah Ayshah !رضى الله عنها narrated that the verse
لَا يُؤَاخِذُ كُمُ اللهِ بِاللَّغْوِفِيْمَانِكُمْ
{Allah will not take you to task for what is vain in your oaths} (2: 225)
was revealed concerning the saying of the man:
1.(which are forms of oath) (بلى والله - لا والله)
COMMENTARY: The Arabs often interspersed their conversation with (at, y) (No, by
Allah) or (à,4) (Of course, by Allah). They did not mean to swear but this had come to be
accepted by them as a way of emphasizing what they wanted to say. With some, it was
their oddity. It was not an oath, but a laghw (meaningless) oath.
Imam Shafi'I altas, said that a laghw oath is uttered by the tongue unintentionally about the
past or the future.
Imam Abu Hanifah als, said that a laghw oath is what the person taking it presumes to be
true. In reality it is not true.
Who have spoken on it at length in the introduction to this chapter.
SECTION II
الفضل الثانى
DO NOT TAKE OATH ON OTHERS THAN ALLAH
(٣٤١٨) عَنْ أَبي هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَحْلِفُوا بِآبَائِكُمْ وَلَا بِأُمَّهَا تِكُمُ وَلَا
بِالْأَنْدَادِ وَلَّا تَخْلِفُوا بِاللّهِ إِلَّ وَاَنْتُهُ صَادِقُونَ- (رواه ابوداود والنسائى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3418
said, "Do not swear by your fathers, not by your mothers, not by idols, and swear
by Allah only while you are truthful."2
(Do not take a false oath.)
(٣٤١٩) وَعَنِ ابْنِ عُمَرَ قَالَ سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ مَنْ حَلَفَ بِغَيْرِ اللَّهِ فَقَدْ
آشْرَكَ(رواه الترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Ibn Umar .3419
said, "If a person swear by anyone other than Allah, then he has associated
(Partner with Allah).3
COMMENTARY: If anyone takes a oath on anyone other than Allah believing him to be
great then he commits polytheism that is conspicuous or if he regards him with greatness
1 Bukhari # 6663, Abu Dawud # 3254, Muwatta Maalik 22. 5-9 (Nudhur)
2 Abu Dawud #3248, Nasai # 3769.
3 Tirmidhi #1540, Abu Dawud # 3251, Musnad Ahmad 6179(2-86)

458
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
and respect as is due only to Allah then he commits polytheism of the Khafi type
(concealed type).
Generally, people swear on those who are dear to them, like 'I swear by my son, etc. This
is a sin even if it may not amount to polytheism. However, if one does it out of an old habit
and utters it unintentionally, then it is neither sin nor polytheism.
(٣٤٢٠) وَعَنْ بُرَيْدَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ حَلَفَ بِالَآَمَانَةِ فَلَيْسَ مِنَّا(رواه ابوداود)
3420. Sayyiduna Buraydah رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"One who swears by amanah is not among us." (Amanah is trust or faithfulness.)1
COMMENTARY: If anyone does not use this word additionally with Allah's name but
swears merely on amanah then he will not be counted among the followers, because this is
one of customs of the people of the Book and falls under 'oath by other than Allah.'
Some people say that amanah means the obligatory duties, like salah (prayer), etc. The
Prophet صلى الله عليه وسلم forbadle that one should swear by these prescribed duties.
In either case, the ulama (Scholars) agree that expiation does not become wajib (obligatory)
on breaking this oath.
If anyone swears by amanat Allah, then most ulama (Scholars) maintain that even then no
expiation is wajib (obligatory) on breaking the oath. However, Imam Abu Hanifah als,
holds that in this case expiation will be wajib (obligatory) because Amin is a name of Allah
and amanah, therefore, an attribute.
We may also say that amantullah refers to the kalimah tawhid.
ABSOLVING ONESELF FROM ISLAM
(٣٤٢١) وَعَنْ بُرَيْدَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَنْ قَالَ إِ بَرِئٌّ مِنَ الْإِسْلَامِ فَإِْ كَانَ
كَاذِبًّا فَهُوَ كُمَا قَالَ وَإِنْ كَانَ صَادِقًا فَلَنْ يَرْجِعَ إِلَى الْإِسْلَامِ سَالِمًا-(رواه ابوداود والنسائي وابن ماجة)
3421. Sayyiduna Buraydah ws à (+) narrated that Allah's Messenger said that if
anyone says, "(if I am responsible for it, then) I am free from Islam" and he lies,
then he will be as he says. But if he speaks the truth, then he will not return to
Islam safely. (or, soundly, or perfectly).2
COMMENTARY: The person who says "I am free from Islam" (if I have done or not done
such-and such) and he lies in saying 'I have done' or 'not done' then he is absolved of
Islam. In other words, it is strongly disallowed to swear in this way.
If that person has spoken the truth and had really done or not done as he says then too he
is a sinner because Muslims are forbidden from swearing in this way.
Shaykh Abdul Haq Dahlawi als, has classified this oath as mun'aqidah. He classifies the
hadith (#3410) of Thabit ibn ad-Dahhak us ano, too as mun'aqidah, But, Mullah Ali Qari
Antes, classifies it was ghamus. The complier of this book contends that this hadith may be
classified in both ways: mun'aqidah and ghamus.
(Definition of these words have been given in the introductory words of this chapter.)
1 Abu Dawud # 3253, Musnad Ahmad 5-352.
2 Abu Dawud #3258, Nasai # 3772, Ibn Majah # 2100, Musnad Ahmad 5-355.

459
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
SOME FORMS OF THE OATHS THE PROPHET صلى الله عليه وسلم TOOK
(٣٤٢٢) وَعَنْ آَبٍ سَعِيُّدِبِ الْخُدْرِيِّ قَالَ كَانَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِذَا اجْتَهَدَ فِىِ الْتَمِيْنِ قَالَ.
وَالَّذِئْ نَفْسُ آَبيِ الْقَاسِمِ بِيَدِه(رواه أبوداود)
3422. Sayyiduna Abu Sa'eed al-Khudrius a >, narrated that when Allah's
Messenger صلى الله عليه وسلم wished to emphasize his oath, he would say, "No! By Him in
Whose hand is the soul of Abu al-Qasim."1
.صلى الله عليه وسلم COMMENTARY: Abu al-Qasim is the Kunyah of the Prophet
(٣٤٢٣) وَعَنْ أَبِي هُرَيْرَةً قَالَ كَانَتْ يَمِيْنُّ رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِذَا حَلَفَ لَّا وَأَسْتَغْفِرُ اللهُ-
(رواه أبوداود وابن ماجة)
3423. Sayyiduna Abu Hurayrah cal +, narrated that when Allah's Messenger took
an oath, he would say, "No, and I seek forgiveness of Allah."2
COMMENTARY: These words resemble an oath. They imply, "If this is not the truth then
I ask for Allah's forgiveness." This is a form of emphasis.
SAYING "INSHA ALLAH"WITH AN OATH
(٣٤٢٤) وَعَنِ ابْنِ عُمَّرَ أَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ مَنْ حَلَفَ عَلَى يَمِيْنٍ فَقَالَ إِكْ شَاءَ
اللَّهُ فَلَا حِنْثَ عَلَيْهِ - رَوَاهُ التِّرْمِذِىُّ وَأَبُوْدَاوُدَ وَالنَّسَائِىُّ وَابْنُ مَاجَةَ وَالدَّارِمِئُ وَذَكَّرَ التِّرْ مِذِىُّ جَمَاعَةً
وَقَقُوْهُ عَلَى ابْنِ عُمَرَ-
3424. Sayyiduna Ibn Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"He who swears an oath and includes (the words) 'insha Allah' (if Allah will) then
he would not commit perjury (if he breaks his oath)."3
COMMENTARY: When one says 'insha Allah' then the oath becomes conditional. Hence,
no question arises of making an expiation on breaking it.
The same applies to contracts, marriage contracts and dealings. If insha Allah is added
with the same breath, when making them, they become conditional. Imam Abu Hanifah
said that even with the words 'insha رضى الله عنه and others hold this view, but Ibn Abbas رحمه الله
Allah,' they would be final and duly contracted, even if spoken without pause or
intervening words.
The word used is (Ja) mutlasil which means 'to say insha Allah, without engaging in any
other speech, immediately after the oath.'
If anyone engages himself in any other speech after taking the oath and then says insha
Allah, then it is called (J.4 .. ) (muntasil), separated.
Mirqat may be seen for other opinions of muttasil.
1 Abu Dawud # 3264, Musnad Ahmad 3-48.
2 Abu Dawud #3265, Ibn Majah # 2093, Musnad Ahmad # 2-288.
3 Tirmidhi # 1516, Abu Dawud #3261, Nasai # 3830, Ibn Majah # 2105, Darimi # 2342, Muwatta malik
# 10(Nudhur), Musnad Ahmad # 2-10. .