Is there an expiation (Kaffarah) required for an oath involving conditional manumission?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two narrations from Ahmad regarding whether an expiation for breaking an oath is due when a master says, "So-and-so's slave is free if he enters the house." One narration states that expiation is due because the master swore by manumission regarding an act that does not result in sin (hanth) upon the condition's fulfillment, similar to saying, "It is upon me before Allah to free so-and-so." The second narration states no expiation is due because the oath involved disposing of another person's property, which incurs no liability, similar to saying, "So-and-so's wealth is charity if he enters the house." Furthermore, since this is conditioning manumission upon a description, no expiation is due, just like other forms of conditional manumission.

Supporting text

If the statement is, "It is upon me before Allah to free a slave," this constitutes a vow (Nathr) and requires expiation because a vow is treated like an oath. This case is different because the manumission is merely conditioned upon a description; the fulfillment of the description does not make the conditional act absolute. If the manumission had been immediate, nothing would be due, and thus nothing is due here.