ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 482

Translation · EN

before the existence of its cause, so it is like one who performs expiation before the oath. The evidence for this is that the cause of expiation is the breaking of the oath (hinth), as it is the violation of the [Magnified, Sacred] Name, and it has not occurred. Al-Shafi'i stated, as we did, regarding manumission, feeding, and clothing, and as they stated regarding fasting, on the basis that it is a bodily act of worship; thus, it is not permissible to perform it before it becomes incumbent without hardship, like prayer. Our evidence is what 'Abd al-Rahman ibn Samurah narrated, saying: The Messenger of Allah (peace and blessings of Allah be upon him) said to me: "If you swear an oath and then see that something else is better than it, then perform expiation for your oath, and then do what is better." Narrated by Abu Dawud. In one wording: "And do what is better." Narrated by al-Bukhari and al-Athram. Abu Hurayrah, Abu al-Darda', and 'Adi ibn Hatim also narrated the like of this from the Prophet (peace and blessings of Allah be upon him), which was narrated by al-Athram. It is also narrated from Abu Musa, from the Prophet (peace and blessings of Allah be upon him), that he said: "If Allah wills, I do not swear an oath and then see that something else is better than it, but that I perform expiation for my oath and do what is better," or "I do what is better and perform expiation for my oath." Narrated by al-Bukhari. And because he performed expiation after the existence of the cause, it is valid, just as if he performed it after the wounding and before the soul departs; the cause is the oath, by the evidence of His saying the Almighty: "That is the expiation for your oaths," and His saying, may He be glorified: "Allah has indeed ordained for you the absolution of your oaths," and the saying of the Prophet (peace and blessings of Allah be upon him): "And perform expiation for my oath," and "Perform expiation for your oath," and the naming of the expiation as the expiation for the oath. Through this, one is separated from what they mentioned, for the breaking of the oath is a condition and not a cause, and hastening the payment of wealth after the existence of its cause and before the existence of its condition is permissible, by the evidence of hastening the payment of Zakat after the existence of the nisab (minimum threshold) and before the passing of the year, and the expiation for killing after the wounding and before the soul departs.

Notes

(2) In [B] and [M]: "if". (3) In [B]: "the Greatest, the Forbidden". (4) In [B]: "without". (5) Its takhrij (authentication) was previously mentioned in: 11/39. (6) Dropped from [B]. [Note: Text added for reflection]. (7) Surah al-Ma'idah: 89. (8) Surah al-Tahrim: 2. (9) Dropped from [M]. (10) In [B] and [M]: "and before". (11) The letter 'wa' (and) is dropped from [M].

PreviousVolume 13 · Page 482Next
Previous13·482Next