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f:268 -    Ruling on expiation of oath
Country : India,
Name : Abdul Wajid
Question:     In my house, we had an argument about bike.  It was a small thing, but because of argument, things became worse.  In anger, my elder brother said: That bike is forbidden on me," although it is his bike.  The next day, things returned to normal.  Everybody in the house uses that bike as and when needed, but my elder brother uses it the most.  Now, my question is whether he should give something in charity for uttering that statement.  If yes, how and how much?
Answer:     The words which your brother used: "That bike is forbidden on me," the Jurists have considered that as an oath.  As you say, the next day, your brother started using that bike again, which means that he broke his oath and it is compulsory for him to give the expiation for breaking the oath.  He should also repent (perform Tauba) for using such words.  As Allama Fakhruddin Uthman bin Ali Zaila'i (May Allah shower His mercy on him) in Tabyeen Ul Haqaaiq, Vol. 3, Kitab Ul Iman, Pg No. 436.

As per the Shariah, the expiation for breaking an oath is to free a slave, to feed 10 poor people 2 times or to give the equivalent amount of a day's food to 10 poor people or giving a moderate quality cloth large enough to cover the body to 10 people.  If a person cannot do all this, then that person should fast for 3 consecutive days.  If even during the 3 days of fasting, that person gets money from somewhere or has a strong possibility of getting money from somewhere, then any one of what is mentioned above is Compulsory (Wajib) on that person.  As given in Radd ul Muhtaar, Kitab Ul Iman, Vol. 3, Pg No. 26 and in Vol. 2, Pg No. 895.

And Allah (Subhanahu Wa Ta'ala) knows best.

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director Abul Hasanaat Islamic Research Center]
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