What is the ruling on a vow (Nidhr) made by the financially incompetent person?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the incompetent person vows an act of worship involving his body (like fasting or prayer), he is obligated to perform it because his person is not under guardianship. If he vows a monetary charity, it is invalid, and he must expiate this through fasting.

Supporting text

If the restriction on his property (Hajr) is lifted before he performs the expiation in any of the mentioned cases (oath, Zihar, killing, Ramadan violation), he is obligated to free a slave if he is capable. The implications of our colleagues' statements suggest he must fulfill his vow, analogous to one who confesses a debt before his restriction is lifted, and subsequently has the restriction removed; he remains obligated to pay. If the restriction is lifted after he has already performed the expiation (e.g., fasting for an oath), nothing is incumbent upon him.