Hadith 3476

(1) The statement: “The expiation of a vow, if not specified, is the expiation of an oath”: Meaning if he says: “It is upon me a vow” and does not specify it, its expiation is the expiation of an oath. Scholars differed on the meaning of this hadith. The majority of Shafi’i’s companions interpreted it as a vow of obstinacy, which is in the form of a condition and consequence, such as a person saying to abstain from speaking to Zayd: “If I speak to Zayd, it is upon me a pilgrimage or something else.” He has the choice between fulfilling the vow or offering expiation. Ahmad and some of Shafi’i’s companions interpreted it as a vow of disobedience. A group of hadith scholars interpreted it as applying to all types of vows, saying he has the choice in all vowed acts between fulfilling what he committed to or offering the expiation of an oath. Malik and many, or the majority, interpreted it as an absolute vow, as did the Hanafis, such as saying: “It is upon me a vow” or “A vow for Allah to do such-and-such.” The sworn-upon act must be mentioned, as it is a formed oath, because without specifying something, it requires expiation due to this hadith. It is either an absolute vow or suspended on a condition, and each is either with or without specifying something. If he does not specify anything, such as saying: “If I do such-and-such, it is upon me a vow,” he must offer the expiation of an oath, whether absolute or suspended. In an absolute vow, it is immediate; in a suspended vow, it is upon the condition’s occurrence. If he specifies something, in an absolute vow, he must fulfill it, and likewise in a suspended vow if the suspension is on a condition intended to occur. If it is not intended to occur, some said he must fulfill the vow, while others said the expiation of an oath suffices, and if he wishes, he fulfills the vowed act. This is the correct view, to which Abu Hanifah retracted three days before his death, or seven days. Similarly, if he says: “It is upon me an oath,” expiation is required, as it means “It is upon me the obligation of an oath.” [Taken from “Nayl al-Awtar,” “Badhl al-Majhud,” and commentaries on “Al-Kanz”] The verifier Ibn al-Humam said: If he says: “It is upon me a vow” or “A vow for Allah,” it is an oath if he mentions the sworn-upon act, such as saying: “It is upon me a vow for Allah to do such-and-such” or “not to do such-and-such.” If he does not fulfill what he swore upon, he must offer the expiation of an oath. This is if he does not intend by this absolute vow a specific act of worship, such as pilgrimage or fasting. If he intends by saying: “It is upon me a vow if I do such-and-such” a specific act of worship valid for a vow, and he does it, that act is required. Hakim said: Because when he intends a specific act of worship with the absolute expression, it is as if it is specified, as it is specified by inner speech. Thus, the hadith applies to cases where there is no intention with the word “vow.” [Summarized from “Al-Mirqat”]