Malik said, The best I have heard on this reservation is that it belongs to the statement made if the speaker does not break the normal flow of speech before he is silent. If he is silent and breaks the flow of speech, he has no exception.

Yahya said, Malik said that a man who said that he had disbelieved or associated something with Allah and then he broke his oath, had no kaffara, and he was not a disbeliever or one who associated something with Allah unless his heart concealed something of either of those. He should ask forgiveness of Allah and not return to it - for what he did was evil.

Yahya said that he heard Malik say, Anyone who says that he has a vow but does not mention the name of Allah, is still obliged to make the kaffara for an oath (if he breaks it).

Malik said, Emphasis is when a man swears one thing several times, repeating the oath in his speech time after time. For instance, the statement, 'By Allah, I will not decrease it from such-and-such,' sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears, 'I will not eat this food or wear these clothes or enter this house,' that is all in one oath, and he is only obliged to do one kaffara. It is the same for a man who says to his wife, 'You are divorced if I clothe you in this garment or let you go to the mosque,' and it is one entire statement in the normal pattern of speech. If he breaks any of that oath, divorce is necessary, and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that.

Malik said, What we do about a woman who makes a vow without her husband's permission is that she is allowed to do so and she must fulfill it, if it only concerns her own person and will not harm her husband. If, however, it will harm her husband, he may forbid her to fulfill it, but it remains an obligation against her until she has the opportunity to complete it.

Yahya related to me from Malik from Yahya ibn Said that Sulayman ibn Yasar said, I understood from people that when they made the kaffara for a broken oath, they gave a mudd of wheat according to the smaller mudd. They thought that that would compensate for them.

Malik said, The best of what I have heard about the one who does kaffara for breaking his oath by clothing people is that if he clothes men he clothes them each in one garment. If he clothes women, he clothes them each in two garments, a long shift and a long scarf, because that is what is satisfactory for each of them in the prayer.

Malik said, that someone who devoted all his property in the way of Allah, and then broke his oath, should put a third of his property in the way of Allah, as that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the case of Abu Lubaba.

Abdullah ibn Abi Bakr that his paternal aunt related that her grandmother made a vow to walk to the Quba mosque. She died, and did not fulfill it, so Abdullah ibn Abbas asked her daughter to walk for her.

Yahya said that he had heard Malik say, No one walks for anyone else.

Malik said, That is the custom among us.

Yahya said that he had heard Malik say, I think that she must sacrifice an animal.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar-Rahman said the same as Abdullah ibn Umar.