Is expiation (Kaffarah) obligatory upon one who retracts (Faa) from an oath?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 1 · Bab 1

Open in Qurani

Primary text

Expiation is obligatory upon one who retracts from an oath, according to the majority of scholars. This view is narrated from Zayd, Ibn Abbas, Ibn Sirin, Al-Nakhai, Al-Thawri, Qatadah, Malik, the people of Medina, Abu Ubayd, the people of opinion (Ashab ar-Ra'y), and Ibn Al-Mundhir. It is also the apparent position within the Madhhab of Al-Shafi'i. The evidence for this obligation is the saying of Allah the Almighty: "But Allah will call you to account for what you contracted by oaths. So its expiation is the feeding of ten poor people... That is the expiation of your oaths when you have sworn" (Quran 5:89). Furthermore, Allah stated: "Allah has already determined for you the means of releasing your oaths" (Quran 66:2). The Prophet peace be upon him said: "If you swear an oath and then see something else better than it, then do what is better and expiate your oath." This is agreed upon (Muttafaq 'alayh). The obligation also holds because the person who swears has intentionally broken their oath, thus necessitating expiation, similar to swearing to abandon an obligatory act and then performing it.

Supporting text

There is a dissenting opinion stating that no expiation is required. This view is attributed to Al-Hasan. Al-Nakhai mentioned that they used to hold this view because of Allah's statement: "But if they desist, then indeed, Allah is Oft-Forgiving, Most Merciful" (Quran 2:226).