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40.69. Siehst du nicht diejenigen, die über Allahs Zeichen streiten? Wie sie sich doch abwenden lassen!

[ Gafir:69 ]


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 Kapitel: Vows and Oaths
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Kapitel: 22, Nummer: 1
Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abdullah ibn Abbas that Sad ibn Ubada questioned the Messenger of Allah, may Allah bless him and grant him peace, and said,My mother died while she still had a vow which she had not fulfilled. The Messenger of Allah, may Allah bless him and grant him peace, said, Fulfill it for her.


Kapitel: 22, Nummer: 10
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, Whoever swears by Allah and then says, 'Allah willing' and then does not do what he has sworn to, has not broken his oath.

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.


Kapitel: 22, Nummer: 11
Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, Whoever makes an oath and then sees that something else would be better than it, should do kaffara for his oath and do what is better.

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.


Kapitel: 22, Nummer: 12
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, If someone breaks an oath which he has stressed, he has to free a slave, or clothe ten poor people. If someone breaks an oath, but has not stressed it, he only has to feed ten poor people and each poor person is fed a mudd of wheat. Some one who does not have the means for that, should fast for three days.


Kapitel: 22, Nummer: 13
Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to do kaffara for a broken oath by feeding ten poor people. Each person got a mudd of wheat. He sometimes freed a slave if he had repeated the oath.

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.


Kapitel: 22, Nummer: 14
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that one time the Messenger of Allah, may Allah bless him and grant him peace, was speaking to Umar ibn al-Khattab while he was travelling with a troop and Umar swore by his father and he (the Messenger) said, Allah forbids you to swear by your fathers. If anyone swears, let him swear by Allah or keep silent.


Kapitel: 22, Nummer: 15
Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, used tosay, No, by the Overturner of hearts.


Kapitel: 22, Nummer: 16
Yahya related to me from Malik from Uthman ibn Hafs ibn Umar ibn Khalda that Ibn Shihab had heard that Abu Lubaba ibn Abd al-Mundhir, when Allah turned to him said, Messenger of Allah, should I leave my people's house in which I committed wrong action and keep your company, and give away all my property as sadaqa for Allah and His Messenger? The Messenger of Allah, may Allah bless him and grant him peace, said, Giving away a third of it is enough for you.


Kapitel: 22, Nummer: 17
Yahya related to me from Malik from Ayyub ibn Musa from Mansur ibn Abd ar-Rahman al-Hajabi from his mother that A'isha, umm al-muminin, may Allah be pleased with her, was asked about a man who devoted his property to the door of Kaba. She said, Let him do kaffara for it with the kaffara of the oath.

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.


Kapitel: 22, Nummer: 2
Yahya related to me from Malik from

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.


Kapitel: 22, Nummer: 3
Yahya related to me from Malik that Abdullah ibn Abi Habiba said, I said to a man, when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.' A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand and you will say, 'I must walk to the house of Allah?' I said, 'Yes' and I said it, for at that time I was still immature. Then, when I came of age, some one said to me that I had to fulfill my vow. I went and asked Said ibn al-Musayyab about it, and he said to me, 'You must walk.' So I walked.

Malik said, That is the custom among us.


Kapitel: 22, Nummer: 4
Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

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.



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