Is expiation before breaking an oath superior to expiation after breaking it?
General Chapter
Al-Mughni
Book of Oaths
Primary text
The virtue of expiation before breaking an oath (*hanth*) and after breaking it is equal. The evidence supporting this equality is derived from the authentic traditions concerning expiation, which mention performing it sometimes before and sometimes after breaking the oath. Furthermore, expiation is an early disbursement of wealth that is permissible to expedite before it becomes obligatory, similar to expediting Zakat or the expiation for killing. Therefore, delaying it cannot confer superiority.
Supporting text
Ibn Abi Musa stated that expiation after breaking the oath is superior, which is the position held by Ahmad, as well as Shafi'i, Malik, and Al-Thawri. Their reasoning is that performing it afterward allows for exiting potential disagreement and certainty regarding the exoneration of responsibility (*bara'at al-dhimmah*). This reasoning is countered by the precedence of expediting benefit to the poor and making voluntary donations before they are due. Moreover, a disagreement that contradicts clear textual evidence does not necessitate preferring the agreed-upon action, as exemplified by leaving the combining of prayers.