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f:685 -    Taking an oath not to marry after death of wife
 Country : Dubai, UAE,
Name : Shafee
Question:     A person's wife passed away.  In his grief, he took an oath that he would not marry again.  Now if he wants to marry again, will he have to give the expiation for the oath that he is breaking or what?
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Answer:     If any person taken an oath not to perform those acts, performing whom is better than leaving them, then that person should break the oath and perform those acts and give the expiation for the oath.  As given in Durre Mukhtaar, Vol. 3, Pg. No. 68.

The expiation for an oath is:

1. To free a slave.

2. To sufficiently feed 10 needy people twice a day for 1 day or give them the money for a day's food.

3. To give average clothing sufficient enough to cover the body to 10 needy people.

If somebody cannot do any of this, then that person should fast for 3 days in a row.  If even during fasting, that person gets money enough to do any of the aforementioned things or even has firm hopes that he/she will get the money, then any of the 3 aforementioned things is Fardh on that person.  As given in Radd Ul Muhtaar, Vol. 3, Pg. No. 66/67 and on Vol. 2, Pg. No. 598.

In light of the aforementioned rules, the person who swore not to marry after his wife's death can marry again and should give the expiation for the broken oath as detailed above.

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

Mufti Hafidh Syed Ziauddin Naqshbandi Qadri

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