Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

As salam o alaikum.

Thaank you for sending the hadis. This hadis seems to be against Quran.And draw not near to the property of the orphan except in a goodly way till he attains his maturity and fulfill the promise; surely (every) promise shall be questioned about. (17:34)

Jazakallah Khair.Riaz Akbar

A’Hadiths

Guidance from The Prophet (peace be upon him)

Hadrat Abdur-Rahman bin Samurah (r.a.) reported: ‘The Messenger of Allah (peace be upon him) said to me, "When you take an oath and consider something else to be better than it, make expiation for your oath and choose the better alternative.``’

Related by Bukhari and Muslim.

Commentary:  

When one takes an oath in the Blessed Name of Allah to do or abstain from something, and subsequently realizes that to not fulfill that oath is better and more meritorious in the Sight of Allah….one should break one’s oath by giving an expiation, and choose the better alternative.

For example one takes an oath that he would never marry or perform the Umrah pilgrimage; it would obviously be better and more meritorious to expiate for the oath and do the better alternative.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Breaking of an oath

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 17 Surah Bani Israel Verse 34 (part):

…fulfill the promise; surely (every) promise shall be questioned about.

Allah Says in the Holy Quran Chapter 5 Surah Maidah Verse 1 (part):

1 O ye who believe! Fulfil (all) obligations.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah Verse 177:

177 It is not righteousness that ye turn your faces toward East or West; but it is righteousness to believe in Allah and the Last Day and the Angels and the Book and the Messengers; to spend of your substance out of love for Him for your kin for orphans for the needy for the wayfarer for those who ask and for the ransom of slaves; to be steadfast in prayer and practice regular charity; to fulfill the contracts which ye have made; and to be firm and patient in pain (or suffering) and adversity and throughout all periods of panic. Such are the people of truth the Allah-fearing.

Allah Says in the Holy Quran Chapter 13 Surah Raad Verse 20:

20 Those who fulfil the Covenant of Allah and fail not in their plighted word;

Your Statement: This hadis seems to be against Quran

Without an iota of a doubt, the word uttered by one who sincerely believer in Allah and the Last Day is indeed his bond! And it is but piety and righteousness in the Sight of the Lord that when one utters a word, or takes a vow or an oath or an obligation to do something lawful, one should strive one’s utmost to fulfill their vow.

But if one takes on a vow or an oath in the Name of Allah to do something unlawful (steal, kill, break ties of relationship, etc.), or one takes a vow to not do something lawful (like perform the Umrah, or pray, or fast, or give charity, etc.)…..then it is incumbent upon the believer to break their unlawful vow and do what is better.

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 89:

89 Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation feed ten indigent persons on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His Signs that ye may be grateful.

The very fact that Allah Subhanah has prescribed in the above quoted Aayah the expiation or the ‘kaffarah’ for breaking a vow means that it is lawful in Shariah Law to break an unlawful vow!

Another incident when Allah Subhanah endorses the breaking of an unlawful vow is seen in the incident when Hadrat Abu Bakr (r.a.), who used to spend in charity towards his kinsmen, vowed not to spend in charity on a person who was involved in spreading slander against his daughter and the noble and chaste wife of the Prophet (saws), Hadrat Aisha (r.a.). Allah Subhanah revealed the below quoted Verse of Surah Nur and Commanded Hadrat Abu-Bakr (r.a.) to break his vow and forgive and overlook the fault of his relative and continue spending in charity on him for the Sake and Pleasure of Allah.

Allah Says in the Holy Quran Chapter 24 Surah Nur Verse 22:

22 Let not those among you who are endued with grace and amplitude of means resolve by oath against helping their kinsmen those in want and those who have left their homes in Allah's cause: let them forgive and overlook: do you not wish that Allah should forgive you? For Allah is Oft-Forgiving Most Merciful.

Besides, it is related in several authentic and established hadiths attributed to the Messenger of Allah (saws) who himself commanded and guided the believers to break the unlawful vows they had taken, and do what is more pious in the Sight of Allah Subhanah.

Sahih Muslim Hadith 4056 Narrated by Adi ibn Hatim

Tamim ibn Tarafah said: ‘A beggar came to Adi ibn Hatim and he begged him to give him the price of a slave, or some portion of the price of the slave. He (Adi) said: I have nothing to give you except my coat-of-mail and helmet. I will, however, write to my family to give that to you, but he did not agree to that. Thereupon Adi was enraged, and said: “By Allah, I will not give you anything.” The beggar (then) agreed to accept that, whereupon he said: “By Allah, had I not heard Allah's Messenger (saws) saying: "He who took an oath, but then found something more pious in the Sight of Allah, he should (break the oath) and do that which is more pious," I would not have broken my oath!”

Sunan of Abu-Dawood Hadith 3268 Narrated by Abdullah ibn Amr ibn al-'As

The Messenger of Allah (saws) said: ‘An oath or a vow about something over which a human being has no control, or to disobey Allah, or to break ties of relationship is not binding. If anyone takes an oath and then considers something else better than it, he should give it up, and do what is better, for leaving it is its atonement.’

Sunan of Abu-Dawood Hadith 3267 Narrated by Abdullah ibn Amr ibn al-'As

The Messenger of Allah (saws) said: ‘A vow is binding in those things by which the pleasure of Allah is sought, and an oath to break ties of relationship is not binding.’

Thus in conclusion brother, as much as Islam guides the believers to keep their word and fulfill their lawful vows and oaths, if one has taken an unlawful vow, it is incumbent upon them to break it….and that would not be in violation of the Guidance of the Quran in the least.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan