Al-Ma'idah: 89
**"God will not hold you accountable for what is unintentional in your oaths..."**
"Unintentional" (al-laghw) in oaths: That which is dropped and to which no legal ruling attaches. There is disagreement regarding it:
- ‘A’ishah (may God be pleased with her): When asked, she said: "It is a man saying 'No, by God' and 'Yes, by God' [in casual speech]." This is the school of al-Shafi‘i.
- Mujahid: It is a man swearing to something he believes to be a certain way, when it is not as he thought. This is the school of Abu Hanifah (may God have mercy on him).
"But He will hold you accountable for what you have bound the oaths" (bima ‘aqadtum al-ayman): By your binding of the oaths, which is confirming them with intent and purpose.
It is reported that al-Hasan (may God be pleased with him) was asked about laghw while al-Farazdaq was present. Al-Hasan said, "O Abu Sa‘id, let me answer for you," then recited:
"And I am not held accountable for the 'laghw' you speak,
When the binding resolutions are not intended."
It is also read as ‘aqadtum (with lightened qaf) and ‘aqadtum (with long vowel). The meaning is: "He will hold you accountable for what you have bound if you break the oath." The time of accountability is omitted because it was known to them, or the noun [the breaking of] is omitted.
"So its expiation" (fakaffaratuhu): The expiation for breaking it. Kaffarah is an act that serves to "cover" (takfuru) a sin, meaning to conceal it.
"From the average of that which you feed" (min awsati ma tut‘imuna): From the moderate/middle [standard], because some people are extravagant in feeding their families, while others are stingy. According to Abu Hanifah, this is half a sa‘ of wheat or a full sa‘ of other grains for each poor person, or providing them lunch and dinner. According to al-Shafi‘i, it is one mudd for each poor person.
"Your families" (ahlikum): Ja‘far ibn Muhammad read it as ahalikum with a quiescent ya’. Ahali is a collective noun for ahl, like layali for laylah and aradi for ard. Saying ahlun is like saying ardun with a quiescent ra’. The quiescence of the ya’ in the accusative case is for lightness, as they said ra’aytu Ma‘di Karib, likening the ya’ to an alif.
"Or their clothing" (aw kiswatuhum): Conjoined to the place of "from the average." It is read with a damma on the kaf (kuswah), similar to qudwah and uswah. Kiswah is a garment that covers the private parts. Ibn ‘Abbas said: A cloak (‘aba’ah) sufficed in those days. Ibn ‘Umar said: A waist-wrapper, a shirt, a mantle, or a garment. Mujahid said: A comprehensive garment. Al-Hasan said: Two white garments.
Sa‘id ibn al-Musayyib and al-Yamani read it as aw ka-uswatihim, meaning: "Or like what you feed your families," whether it be extravagant or stingy. Do not reduce them below the amount of their [usual] expenditure, but treat them equally. If you ask: "What is the grammatical place of the kaf?" I say: It is in the nominative, meaning "or feeding them like their standard," if they do not feed them the average.
"Or the freeing of a slave" (aw tahriru raqabah): Al-Shafi‘i stipulated faith [in the slave] by analogy to the expiation for killing. Abu Hanifah and his companions permitted the freeing of a non-believing slave in every expiation except for the expiation of killing.
If you ask: "What is the meaning of 'or' (aw)?" I say: It denotes choice and the obligation of one of the three expiations; whichever the expiator chooses, he has fulfilled it.
"And whoever does not find" (faman lam yajid): One of these [three].
"Then a fast of three days" (fasiyamu thalathati ayyamin): Consecutive, according to Abu Hanifah, holding to the reading of Ubayy and Ibn Mas‘ud: "a fast of three days consecutive." Mujahid said: Every fast is consecutive except for the makeup of Ramadan, and one has a choice in the expiation of an oath.
"That" (dhalika): The aforementioned.
"Is the expiation for your oaths" (kaffaratu aymanikum): If it were said "That is (tilka) the expiation," it would be correct, referring to those things or because kaffarah is feminine. The meaning is: "When you have sworn" and broken the oath. The mention of breaking is omitted because it is known that expiation is only required upon breaking the oath, not by the swearing itself. Expiation before breaking is not permitted according to Abu Hanifah and his companions, but it is permitted according to al-Shafi‘i with wealth, provided the oath-breaker has not committed a sin.
"And guard your oaths" (wahfazu aymanikum): Fulfill them and do not break them. He meant the oaths where breaking them is a sin, for "oaths" is a generic noun that can apply to part of the genus or the whole. It is said: Guard them by performing the expiation. It is also said: Guard them regardless of how you swore by them, and do not forget them out of negligence.
"Thus" (kadhalka): Like that explanation.
"Does God make clear to you His signs" (yubayyinu Allahu lakum ayatihi): The markers of His law and His rulings.
"That you may give thanks" (la‘allakum tashkuruna): For His grace in what He teaches you and for making the way out of it easy for you.
