you have sworn [an oath]." And He, the Glorified, said: "Allah has already ordained for you [legal ways for] the dissolution of your oaths." And the Prophet (peace and blessings of Allah be upon him) said: "If you take an oath and see that something else is better than it, then do that which is better, and make expiation for your oath." This is mutually agreed upon. And because he is a swearer who has broken his oath, the kaffarah is incumbent upon him just as if he had sworn to abandon an obligatory act then performed it. Forgiveness does not negate the kaffarah, as Allah the Almighty forgave the Prophet (peace and blessings of Allah be upon him) his past and future sins, yet he used to say: "I swear by Allah, I do not take an oath and see that something else is better than it, except that I do that which is better and make expiation for my oath." This is mutually agreed upon.
Section: If the Ila' (oath of abstinence) was by making a conditional emancipation (itq) or divorce (talaq), it takes effect immediately upon the act of sexual intercourse; because it was conditional upon a state, and that state has occurred. If the oath was regarding a vow, emancipation, fasting, prayer, charity, Hajj, or other acts of obedience or permissible acts, then he is given the choice between fulfilling it or paying the kaffarah of an oath.
(3) Surah al-Ma'idah: 89. (4) Surah al-Tahrim: 2. (5) Recorded by al-Bukhari, in: The Chapter on the Saying of Allah the Almighty: "Allah does not impose blame upon you for what is unintentional in your oaths," and the Chapter on Not Swearing by Your Fathers, from the Book of Oaths and Vows; and in: The Chapter on He Who Does Not Seek Authority and Allah Helps Him, and the Chapter on He Who Seeks Authority is Left to It, from the Book of Judgments. Sahih al-Bukhari 8/159, 165, 9/79. And Muslim, in: The Chapter on the Desirability of He Who Swears an Oath..., from the Book of Oaths. Sahih Muslim 3/1269, 1271-1274. It was also recorded by Abu Dawud, in: The Chapter on the Oath in Cutting Ties of Kinship, and the Chapter on a Man Making Expiation Before Breaking His Oath, from the Book of Oaths and Vows. Sunan Abi Dawud 2/204, 205. And al-Tirmidhi, in: The Chapter on What Has Come Regarding One Who Swears..., and the Chapter on What Has Come Regarding Expiation Before Breaking the Oath, from the Chapters on Vows. 'Aridat al-Ahwadhi 7/10, 11. And al-Nasa'i, in: The Chapter on One Who Swears an Oath and Sees Something Else Better Than It, and the Chapter on Expiation Before Breaking the Oath, and the Chapter on Expiation After Breaking the Oath, from the Book of Oaths and Vows. al-Mujtaba 7/9-12. And Ibn Majah, in: The Chapter on One Who Swears an Oath and Sees Something Else Better Than It, and the Chapter on One Who Said: Its Expiation is Abandoning It, from the Book of Expiations. Sunan Ibn Majah 1/681, 682. And al-Darimi, in: The Chapter on One Who Swears an Oath and Sees Something Else Better Than It, from the Book of Oaths and Vows. Sunan al-Darimi 2/186. And Imam Ahmad, in: al-Musnad 2/185, 204, 211, 212, 361, 3/76, 4/256, 257, 259, 5/61-63. (6) Recorded by al-Bukhari, in: The Chapter on What Is Evidence that the Khums (one-fifth) is for the Needs of the Muslims, from the Book of Khums. And in: The Chapter on Poultry, from the Book of Sacrifices, and in: The Chapter on Expiation Before and After Breaking the Oath, from the Book of Expiations, and in: The Chapter on the Saying of Allah the Almighty: "While Allah created you and that which you do," from the Book of Tawhid. Sahih al-Bukhari 4/109, 7/123, 8/183, 9/197. And Muslim, in: The Chapter on the Desirability of He Who Swears an Oath..., from the Book of Oaths. Sahih Muslim 3/1270.
