A Concise Summary of the Islamic Rulings on Oaths (Aymān)

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Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.

Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]

Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

Is it a condition for the mosque where I‘tikaf is performed to hold Jumu‘ah prayers?

No, it is not a condition for the mosque where I‘tikaf is performed to have Jumu‘ah prayers. However, if a person vows to perform continuous I‘tikaf, and Jumu‘ah occurs within that period, then they must observe I‘tikaf in a mosque where Jumu‘ah is held so that they do not break their continuity by leaving for Friday prayer.

What is the ruling of Islamic Law on making up missed voluntary prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

It is recommended for a Muslim to make up any missed voluntary prayers — whether the regular Sunnah prayers (rawātib), the witr prayer, or his personal devotional routine (wird). As for voluntary prayers that are tied to a specific cause or occasion — such as the eclipse prayers (kusūf and khusūf) — these are not made up once their time has passed.

Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, stated: "The correct view in our school is that making up the regular voluntary prayers is recommended." [Al-Majmūʿ, Vol. 4/P.43] And Allah the Almighty knows best.

What is the ruling if someone wipes his head then shaves it - must he repeat it?

If a person performing ablution shaves his head after wiping it during ablution, he is not required to re-wipe his head or repeat the ablution. And Allah the Almighty knows best.

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A Concise Summary of the Islamic Rulings on Oaths (Aymān)

Author : Dr. Mufti Jihad Tawalbeh

Date Added : 01-12-2025

A Concise Summary of the Islamic Rulings on Oaths (Aymān)

All praise is due to Allah, Lord of the Worlds, and peace and blessings be upon our Master Muhammad, the Seal of the first and the last, and a mercy to the worlds.

The rulings on oaths are among those which the Noble Shari'ah has emphasized clarifying for people. Allah the Almighty mentioned them in His Great Book, saying {what means}: "It is made lawful for you to go in unto your wives on the night of the fast. They are raiment for you and ye are raiment for them. Allah is Aware that ye were deceiving yourselves in this respect and He hath turned in mercy toward you and relieved you. So hold intercourse with them and seek that which Allah hath ordained for you, and eat and drink until the white thread becometh distinct to you from the black thread of the dawn. Then strictly observe the fast till nightfall and touch them not, but be at your devotions in the mosques. These are the limits imposed by Allah, so approach them not. Thus Allah expoundeth His revelation to mankind that they may ward off (evil)." The Prophet, peace and blessings be upon him, also explained them. It is narrated from 'Abd al-Rahman ibn Samurah that the Prophet, peace and blessings be upon him, said to him: "If you swear an oath and then see something better than it, then do the better thing and offer expiation for your oath." ([1])

This concise summary is presented in a question-and-answer format to address frequently asked questions, based on the relied-upon position of the Honorable Shafi'i school and the fatwas of the General Iftaa' Department. We ask Allah the Almighty to benefit us and the readers with it.

• What is the meaning of an oath (Yamin) according to Islamic law?

An oath is the commitment to affirm a probable matter or to resolve to achieve it, using one of Allah's names or attributes.

• What are the conditions for the one swearing the oath?

The one swearing must be legally competent (i.e., mature and sane), acting voluntarily (i.e., not under coercion), and intending to swear the oath.

• What are the categories of oaths?

An oath is either a 'Vain Oath' (Yamin al-Laghw), a 'Binding Oath' (Yamin al-Mun'aqidah), or a 'False Oath' (Yamin al-Ghamus).

• What is a Vain Oath (Yamin al-Laghw)?

It is an oath that slips from the tongue without specific intention or is uttered habitually, such as a person habitually saying "No, by Allah" and "Yes, by Allah."

• What is a Binding Oath (Yamin al-Mun'aqidah)?

It is an oath sworn with the intention of affirming or resolving to do something.

• What is a False Oath (Yamin al-Ghamus)?

It is swearing to the truth of something in the past, present, or future while knowingly being untruthful about it.

• What is the ruling on swearing by other than Allah, such as swearing by someone's life, by one's trustworthiness, or by the Ka'bah?

Swearing by other than Allah is disliked (Makruh), and the oath is not considered binding. If the intention was to venerate the object of the oath as one venerates Allah, then it is forbidden (Haram). Shaykh al-Islam al-Nawawi, may Allah have mercy on him, said: "Swearing by a created being, such as the Prophet, the Ka'bah, Gabriel, the Companions, or the Family [of the Prophet], is disliked." ([2])

• Does swearing by other than Allah constitute disbelief (Kufr)?

Swearing by other than Allah is not considered disbelief unless the one swearing intends to venerate the object of the oath as Allah is venerated. Shaykh al-Islam Zakariyya al-Ansari said: "If he believed in its veneration as Allah is venerated—meaning he believed it deserved the same level of veneration he believes is for Allah—then he has committed disbelief. This is the understanding of the Hadith reported by al-Hakim: 'Whoever swears by other than Allah has committed disbelief.' As for if it merely slips from his tongue without such intention, there is no dislike; rather, it is a vain oath. This is the understanding of the Hadith in the Sahihayn [Al-Bukhari and Muslim] regarding the story of the Bedouin who said, 'I will not add to this nor decrease from it, may my father be sacrificed for him if he is truthful.'" ([3])

• What is the ruling on swearing by the derived names specific to Him, glorified and exalted, such as 'Lord of the Worlds,' 'The Ever-Living Who does not die,' or 'The One in Whose Hand is my soul'?

The oath is binding in all cases, and the rulings of oaths apply.

• What is the ruling on swearing by the attributes of Allah, such as His Knowledge, His Might, or His Right?

The oath is binding in all cases, and the rulings of oaths apply.

• What is the ruling on swearing by 'the Right of Allah' (Haqq Allah)?

The oath is binding by it, except if by 'His right' he means His worship, then it is not binding.

• What is the ruling on swearing by the Qur'an or the Mus'haf?

The oath is binding if the intention is to swear by the attribute of His Speech.

• What is the ruling if someone says to another: "I ask you by Allah," or "I adjure you by Allah to do such-and-such"?

It is recommended for the person addressed to fulfill the request of the one swearing, provided it is not for something sinful or disliked. If the person addressed does not fulfill it, the one who swore the oath has broken it and must offer the expiation for his oath.

• Does saying "By the covenant of Allah," "By the limit of Allah," or "Between me and you is Allah" constitute an oath?

It becomes an oath if he intends it as an oath.

• What is the ruling on one who swears that something happened or that he did something in the past, thinking it most likely that it did happen or that he did it, and then it becomes clear that it did not happen or that he did not do it?

He does not break his oath, and he is cleared from liability before Allah. Imam al-Ramli said: "The conclusion from their lengthy, apparently contradictory discussion is that whoever swears about a specific thing that it did not happen, did happen, or will happen, or [swears] 'If I did not do' or 'If so-and-so did not do,' or [about someone being] in the house, based on his assumption or belief due to his ignorance or forgetfulness, and then it becomes clear that it was contrary to what he assumed or believed—if he intended by his oath that the matter was such according to his assumption, belief, or the extent of his knowledge (i.e., he was not aware of the contrary), then there is no breaking of the oath. This is because he linked his oath to his assumption or belief, and he was truthful in that. If he did not intend anything specific, then the ruling is the same, interpreting the words according to their reality, which is the perception of the occurrence of the relation according to what is in his mind, not according to the actual reality, based on the mentioned Hadith." ([4])

• What about one who swears not to do something and then does it out of ignorance, forgetfulness, or coercion?

He does not break his oath, and he is cleared from liability before Allah. However, he is required to fulfill that oath. If he does it again while remembering [the oath], he breaks his oath and the expiation for the oath becomes obligatory.

• What is the ruling on one who swears to do something forbidden?

He sins by his oath, and he must not do it. The expiation for the oath becomes obligatory upon him.

• What is the ruling on one who swears to do or to leave something permissible?

It is recommended for him not to break the oath. If he breaks it, the expiation becomes obligatory upon him.

• What is the ruling on one who swears to do something disliked or to leave a Sunnah?

It is recommended for him to break the oath. If he breaks it, the expiation becomes obligatory upon him.

• What is the ruling on one who swears to perform a Sunnah or to leave something disliked?

It is disliked for him to break the oath. The expiation becomes obligatory upon him if he leaves performing the Sunnah or does the disliked act.

• What is the ruling on one who swears not to enter a specific house while he is inside it, and he remains inside after swearing?

He breaks his oath, and the expiation becomes obligatory upon him, because continuity is equivalent to initiating the action.

• Is there an expiation for a False Oath (Yamin Ghamus)?

One who swears a false oath must give the expiation for an oath. If he used it to usurp someone's right, he must return the rights to their owners. Repentance and seeking forgiveness are also obligatory upon him.

• What is incumbent upon the one who swears if he breaks his oath?

The one who breaks the oath is obliged to offer the expiation, which is: freeing a slave, or feeding ten needy people, or clothing them. If he cannot find [or afford] any of these, then he must fast for three days.

• Is it permissible to give the expiation before breaking the oath?

It is permissible to give the expiation before breaking the oath if it is by freeing a slave, feeding, or clothing.

• Is it permissible to expiate for the oath by fasting three days before breaking the oath?

It is not permissible to expiate for the oath by fasting before breaking it.

• Must the fasting be consecutive?

The fasting does not have to be consecutive.

• Is one expiation sufficient or are more required if one swears multiple oaths regarding the same matter?

One expiation is sufficient for all of them.

• Is one expiation sufficient or are more required if one swears multiple oaths regarding different matters?

One expiation for an oath is required for each separate matter.

________________________________________

[1] Al-Nasa'i, Sunan al-Nasa'i, Hadith Number (3789).

[2] Al-Nawawi, Rawdat al-Talibin, Kitab al-Ayman, Vol. 11, P. 7.

[3] Al-Ansari, Asna al-Matalib Sharh Rawd al-Talib, Vol. 4, P. 242.

[4] Al-Ramli, Nihayat al-Muhtaj, Vol. 7, P. 36.

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Summarized Fatawaa

What is the ruling on performing the night prayer (qiyām al-layl) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.

Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.

It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”

It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”

Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.

It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”

It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”

And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What are the signs of Laylat al-Qadr?

It is said that among its signs are:

● A sense of peace and tranquility during the night.

● The sun rises on the following morning white and without strong rays.

However, one should not be preoccupied with searching for its signs at the expense of worship. Allah has hidden its exact date so that we strive in worship throughout multiple nights, ensuring that we attain its great reward.

Does excessive sleep during Ramadan invalidate fasting?

Sleeping a lot in Ramadan does not invalidate the fast, but a Muslim may miss out on great rewards from prayer, Quran recitation, and acts of worship due to excessive sleep.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

Articles

Articles

A Concise Summary of the Islamic Rulings on Oaths (Aymān)

Author : Dr. Mufti Jihad Tawalbeh

Date Added : 01-12-2025

Comments

Summarized Fatawaa

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

What are the signs of Laylat al-Qadr?

Does excessive sleep during Ramadan invalidate fasting?

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

What is the ruling on performing the night prayer (qiyām al-layl) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?