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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 631Section

Translation · EN

The point of contention is specifically regarding someone who vows to give all of their wealth in charity. We say: There are two responses to this. The first is that his statement, "The third suffices you," is evidence that he uttered a phrasing that necessitates obligation, as it is generally used only for obligatory matters. If he had been given the choice to intend charity, nothing would have been binding upon him for which a portion could suffice. The second is that the Prophet's prohibition against giving more than a third in charity is evidence that it is not an act of piety; [because the Prophet (peace and blessings of God be upon him) does not prevent his companions from acts of piety, and a vow to perform what is not an act of piety] (8) is not binding to fulfill (9). As for what Abu Hanifah said, the discussion regarding it has already preceded. As for what Rabi'ah said, it is incorrect, for (10) this is not Zakat, nor is it in the meaning of Zakat, because charity is made obligatory for the sake of enriching the poor and supporting them, whereas this is charity that its owner volunteered as an act of drawing closer to God Almighty. Furthermore, what is understood according to the custom of the Law is that which is unrestricted, and this is a specific charity that is not unrestricted. Moreover, it is invalidated by the case where one vows to fast, for it is not understood to mean the fast of Ramadan, and likewise for prayer. As for what Jabir ibn Zayd mentioned, it is an arbitrary ruling without evidence.

Section: If one vows to give a specific portion of their wealth in charity, or a defined amount, such as one thousand, it is narrated from Ahmad that one-third of it is permissible; because (11) it is wealth for which he vowed charity, so a third of it suffices, just as in the case of the entire wealth. The correct position in the Madhhab is that it is obligatory to give the entirety of it in charity; because it is a vowed object and it (12) is an act of piety, thus fulfilling it is binding (13) upon him, like other vows, and due to the generality of the saying of the Almighty: "They fulfill their vows" (14). The reason this was exempted in the case of the entire wealth is due to the traditions (Athar) regarding it, and because of the harm that would befall him by giving away his entire wealth in charity. Unless, however, the vowed object [here consumes the entire wealth, in which case it is like a vow for that. It is also possible that if the vowed object is] (15) one-third of the wealth or less, he is bound to fulfill his vow, and if it exceeds a third, he is bound (16) to give charity equivalent to a third

Notes

(8) Dropped from [B]. Refer to [original] source. (9) In [B]: "it is binding upon him". (10) In [B]: "because". (11) In [M]: "because". (12) The "wa" (and) was dropped from [B]. (13) In [B]: "it became binding upon him". (14) Surah al-Insan, 7. (15) Dropped from [B]. Refer to [original] source. (16) In [B]: "it became binding upon him".

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