CLASS #16

BISMILLAAHIRRAHMAANIRRAHEEM

CLASS #16

19th March, 2011

All Praise is due to Allaah, the Lord of all that exists. May the salaat of Allaah be upon the
finest of His creation, His Messenger Muhammad Ibn Abdullaah, upon his Companions and
followers until the Last Day.
To proceed: As for our gathering today inshaAllaah, then we will study the chapter from the
great book - Kitaab at-Tawheed of Shaykh al-Islaam Muhammad Ibn Abdul-Wahhaab atTimimi (rahimahullaah).

This book we have studied all the way up until the chapter called THE CHAPTER ABOUT A
KIND OF SHIRK IS THAT YOU TAKE A VOW FOR OTHER THAN ALLAAH TAALAA. And as you
recall our last meeting, by Allaahs Grace, we finished the chapter about slaughtering in a
place set up for the worship of other than Allaah, or for the slaughter of things for other than
Allaahs sake. Slaughtering for idols or for deities besides Allaah. And that that was
impermissible. The last evidence or the chapter closed on the question of the bedoin about
his vow, to slaughter in a place called Buwaanah. Buwaanah is still a place about 200
kilometres west of Madinah, near the red sea, a plateau that was a resting place during
travels and it was used as a campsite for people. It had springs, wells or water sources that
made it a popular resting place.

CHAPTER 11
That introduced us or that led us to the need to identify the idea of taking vows. Taking a
vow - swearing to do something. Like when a person says, I swear by Allaah that I am going
to do such and such. Or that I take an oath by Allaahs Name that I am going to do such
and such. Sometimes a person might say that I am going to do such and such if Allaah gives
me something. The stingy person uses his vow, so he thinks to gain something. So instead
of just giving sadaqah or just performing the acts of Ibaadah mentioned in the vow, he
makes it conditional. So for example, his wife is pregnant, so he calls upon Allaah, or he
takes an oath by Allaahs Name saying, I swear by Allaah that if Allaah provides me with a
healthy baby and a healthy wife, then I would give such and such amount as sadaqah.
Thats called nathar mushrooq - a vow that has a condition. Well talk about that after we
read these opening verses from the author (rahimahullaah).
THE CHAPTER THAT IT IS A KIND OF SHIRK THAT YOU TAKE A VOW IN OTHER THAN ALLAAHS
NAME.

The statement of Allaah The Most High (the explanation of which is)
They (are those who) fulfill (their) vows...
[Soorah Al-Insaan(76):7]
They hold to their vows, they fulfill their vows.

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And whatever you spend for spendings (e.g., in sadaqah - charity for Allaahs Cause) or
whatever vow you make, be sure Allaah knows it all...
[Soorah Al-Baqarah(2):270]
And whatever you spend and whatever vow you take, then Allaah knows about it. The
second ayaah from Soorah A;-Baqarah, verse number 270. The first one from Soorah AlInsaan, the seventh verse.
Looking at the verse from Soorah Al-Insaan, you see that it was in praise of the people of
Paradise. Allaah taalaa described them saying, that the righteous people, the people of birr
the abrar, they will be drinking from a cup that is mixed with kaafur. Describing the delights
that they will enjoy of Paradise. Allaah goes on to say, they fulfill the vows and they fear a
day thats evil is widespread. They give the food that they love, they give it to others; to the
poor people, to the orphans, to the slaves. They say, we feed you seeking only the Face of
Allaah. We dont seek anything from you, no reward or recompense from you, nor any
thanks.
Verily, the Abraar (the pious believers of Islaamic Monotheism) shall drink of a cup mixed
with (water from a spring in Paradise called) Kaafur.
A spring wherefrom the slaves of Allaah will drink, causing it to gush forth abundantly.
They (are those who) fulfill (their) vows, and they fear a Day whose evil will be widespreading.
And they give food, inspite of their love for it (or for the love of Him), to the Miskin (the
poor), the orphan, and the captive,
(Saying): We feed you seeking Allaahs Countenance only. We wish for no reward, nor
thanks from you.
[Soorah Al-Insaan(76):5-9]
And Allaah taalaa goes onto describe them as being firstly - people of Paradise .
Secondly - abraar, people of righteousness.
Thirdly - as ibaad Allaah, that there is a fountain there, or a spring of water that gushes forth
and the ibaad of Allaah, the servants of Allaah drink from it. They are the servants of Allaah
and they are honoured to be called the servants of Allaah.
So Allaah taalaa mentions them with three direct forms of praise calling them abraar, calling
them Ibaad Allaah and describing them with all of the delights that they will receive in the
Hereafter. So they are obviously Ahl-ul-Jannah.
One of the attributes of Ahl-ul-Jannah is that they fulfill their vows. That is very clear in
praise of those who fulfill their vows. Meaning when a person says that I swear by Allaah
that I am going to give $50 in sadaqah today. Then he fulfills it. His fulfillment of that vow is
a praiseworthy thing, it is something that is a description of the people of Paradise. That is
they take a vow they fulfill it devoutly.

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The second verse is more general, that Allaah taalaa knows about charity being given or
oaths being taken. From Soorah Al-Baqarah.
Our Shaykh Saalih al-Fawzaan (hafidhahullah) says here, what can be benefitted from these
two verses:
FIRSTLY - that taking an oath is an ibaadah. So taking an oath by someone else's name is
major shirk.
SECONDLY - to affirm the vast and comprehensive knowledge of Allaah, that it encompasses
everything. That is from the verse, whatever you give in charity or whatever vow you take,
Allaah knows all about it.
THIRDLY - an affirmation that rewards and punishments are set and assigned for actions.
(They) are given for the performance of those actions.
FOURTHLY - that there is an encouragement to fulfill ones vow, being it is a description of
the people of Paradise.

To add to this, firstly lets understand that nathar, what is it exactly? What is the
relationship between nathar and qasam or halaf. What is the relationship between any of
them?
The qasam and the halaf are synonyms basically. To take an oath, to swear by Allaah. Now
that oath can be in one of three ways, basically.
1.
About the past that you are asked for example, to give your witness, to give your
testimony about something that you saw, and there is some doubt about your truthfulness.
So someone asks you to swear by Allaah. So you swear by Allaah about something that
has proceeded already. Swearing by Allaah, taking an oath by Allaahs Name only or by
one of His Attributes, that what you are saying about the past is truthful. Thats one way
of taking an oath.
Yameen is also another synonym for the word qasam or halaf - an oath taken.
2.

Another way thats also called yameen or al-qasam. Yameen is like an idol talk oath
that you take that you do not intend to take as a binding oath about what you are going to
do. So for example you get upset with your son and you say Im not taking you with me to
the park walAllaahi. And you dont mean that now Im taking an oath by Allaahs Name
that you will not go today to the park. Rather youre upset and youre just saying with this
kind of behaviour youre at risk from not going to the park. You add walAllaahi, but you
dont intend a qasam, you dont intend that to be an oath. Its called yameen laghu - an
oath taken as a false speech which is not intended. About this Allaah taalaa mentions
something in the Book of Allaah. He talked about the intentional oath or the unintentional
oath, in Soorah Al-Maaidah, verse number 89.

Allaah will not punish you for what is unintentional in your oaths, but He will punish you for
your deliberate oaths;...
[Soorah Al-Maaidah(5):89]
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That Allaah taalaa does not hold you responsible or accountable for the false talk of your
oaths, the oaths found in your false talk. However, He holds you accountable for the oaths
that you have intended to enter with the intention of taking an oath and being bound by it.
That is what Allaah holds you accountable for. And that is about a future action, walAllaahi I
am going to do something.
3.

Third type of oath taken is about the future. Not the laghu - not the false speech
oath, but an intended oath about what you are going to do in the future. This is also
referred to as a nathar. This third type of yameen ,or qasam, or nathar about what you are
about to do is referred to as a halaf or a nathar, qasam or yameen. All four apply to this
situation. This third situation, this third kind of oath about the future events and what you
are going to do. It may be mushrooq or ghayrul mushrooq - it could have a condition
associated with it that should be fulfilled before the oath becomes affective on you. Or it
could be an oath taken without any condition.
Examples to make that clear:

The nathar or the qasam could be mushrooq. Like you say, if I pass my mid-term I will give
such and such amount in charity. So then if you do not pass your mid-term then there is no
oath to fulfill, because
youve made it conditional on a certain thing.
And there is another kind of oath that is ghayrul mushrooq - it doesnt have a condition or
stipulation associated with it. It is like saying, its upon me, by Allaah to give 50 dirhams in
charity without any stipulation considered. So both cases must be fulfilled, the first one
must be fulfilled if the condition takes place and the second one must be fulfilled in all cases.
The Messenger of Allaah (sallallaahu alaihi wasallam) has mentioned some words that
indicate to us that the nathar mushrooq - the stipulated oath is either disliked - mukhroor, or
prohibited - meaning muharam.
What are those words, the Messenger (sallallaahu alaihi wasallam) said, as described by the
noble Companion Abdullaah Ibn Umar (radhiAllaahu anhuma).
Narrated Ibn Umar (radhiAllaahu anhu):
The Prophet forbade vowing and said, In fact, vowing does not prevent anything, but it
makes a miser to spend his property.
[Taken from sahihalbukhari.com. Reported by Al-Bukhaaree (#6190 on sahihalbukhari.com),
The Book of Merits of Divine Will and Predetermination]
He said that the Prophet (sallallaahu alaihi wasallam) forbade the nathar. He said about it, it
doesnt protect you from anything, it doesnt keep any harm away from you. It is only
something that is used to extract a charity or some goodness from a stingy person.
Meaning the person who takes the oath with the condition or the stipulation, if Allaah lets
me pass this test then I will give to charity. Its already been written for that person that
hes going to pass the test or fail the test. His oath does not affect in any way whatsoever
his passing of that test or his failure. So the Messenger (sallallaahu alaihi wasallam) said
that it does not prevent anything.

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In one narration, it doesnt bring anything forward, nor does it delay anything.
hadeeth are from the Saheehain.

These

Narrated Said bin Al-Harith (radhiAllaahu anhu):

that he hears Ibn Umar saying, Werent people forbidden to make vows? The Prophet
said, A vow neither hastens nor delays anything, but by the making of vows, some of the
wealth of a miser is taken out.
[Taken from sahihalbukhari.com. Reported by Al-Bukhaaree (#6268 on sahihalbukhari.com),
The Book of Oaths and Vows]
In one narration as well, it does not bring about any good at all.
Ibn Umar reported that Allaahs Prophet (sallallaahu alaihi wasallam) forbade (people) taking
vows, and said:
It does not (necessarily) bring good (in the form of substantial, and tangible results), but it is
the meant whereby something is extracted from the miserly persons.
[Taken from sahihmuslim.com. Reported by Muslim(#4021 on sahihmuslim.com), The Book
of Vows]

Those are the narrations of Ibn Umar.

In one narration as well in Saheeh Muslim, its only something done that extracts a good
thing, a charity or some good action, from a stingy person.
Abu Huraira reported Allaahs Messenger (sallallaahu alaihi wasallam) forbidding taking of
vows, and said:
It does not avert Fate, but is the means by which something is extracted from the miser.
[Taken from sahihmuslim.com. Reported by Muslim(#4024 on sahihmuslim.com), The Book
of Vows]
So then clearly from this hadeeth in the two Saheehs, Bukhaaree and Muslim. From the
narration of Abdullaah Ibn Umar, there is a negative ruling on the nathar. We first
understand that anything he (sallaahu alaihi wasallam) prohibited us from, he forbade us
from something, before we know anything else, if thats all we know, then we must consider
that thing to be off limits. Its impermissible.
And whatever he has forbade you from then stay away from it.
And whatsoever the Messenger (Muhammad (sallallaahu alaihi wasallam)) gives you, take it;
and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in
punishment.
[Soorah Al-Hashr(59):7]

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Another hadeeth from Aboo Hurayrah (radhiAllaahu anhu), this one found only in Saheeh alBukhaaree and not Saheeh Muslim.
Narrated Abu Huraira (radhiAllaahu anhu):
The Prophet said (that Allaah said), vowing does not bring to the son of Adam anything I
have not already written in his fate, but vowing is imposed on him by way of fore
ordainment. Through vowing I make a miser spend of his wealth.
[Taken from sahihalbukhari.com. Reported by Al-Bukhaaree (#6191 on sahihalbukhari.com),
The Book of Merits of Divine Will and Predetermination]
He said that the Messenger (sallallaahu alaihi wasallam) said, that the son of Aadam is not
getting anything from an oath that he has taken, hes not going to get anything that was not
already written from the qadr for him. However the qadr gives him whats coming to him,
what I have given to him. Meaning its a hadeeth being related from Allaah (Azzawajall).
What Allaah had legislated for him. And Allaah says in this hadeeth qudsi, that only I extract
by way of an oath or a vow, a vow specifically here, from a stingy person. As a shaahid - as
a witnessing narration for Abdullaah Ibn Umar. Both hadeeth found in the Saheeh. First one
in the two Saheehs and this one in Saheeh al-Bukhaaree.
However this prohibition from the Messenger (sallallaahu alaihi wasallam) that he forbade
the nathar, is lightened up to, according to the majority of the Scholars, is considered to be
disliked but not impermissible. Now you must know for us to say that, or believe that, we
must have a qareenah saarifah- we have to have some kind of evidence which takes the
narration that weve have heard that it is forbidden to a lighter understanding. That it is
forbidden in a non absolute way, meaning it is from a persons good application of Islaam to
avoid it, however its not impermissible. But it is a persons good Islaam, the best Islaam of a
person is to stay away from it. That is the meaing of something that is mukhroor, but not
impermissible. What is the qareenah? It is the hadeeth mentioned by the author next in
this chapter.
Well get to that in a short amount of time inshaAllaah. Its the hadeeth of the baab, its the
hadeeth that we are going to look at today inshaAllaah. Its brief and its easy.
Going back to the issue of the ruling on the nathar, that the nathar is disliked. But if you
take a nathar it becomes obligatory on you to fulfill it. As the people who fulfilled their vows
they are praised in the Book of Allaah, as mentioned. They have to fulfill their oaths, as the
generality of fulfilling oaths is established in Islaam as well.
So these as the Shaykh mentioned here,that the nathar is an ibaadah - its an act of worship
and its only to be done in Allaahs Name, and by Allaah. Then know that Ibn Umar
(radhiAllaahu anhu) said in the hadeeth that he relates from the Messenger of Allaah
(sallallaahu alaihi wasallam), that whoever takes an oath by other than Allaah then he has
committed an act of shirk. That is collected by Aboo Daawood and At-Tirmidhee and it is an
authentic hadeeth. FIND
Also Umar Ibn al-Khattaab (radhiAllaahu anhu), the hadeeth here that indicates to us that
the shirk of someone who takes an oath by other than Allaah, may be considered lesser
shirk depending on the situation. Well get more into that meaning after we listen to this
hadeeth.
This hadeeth as well is in Bukhaaree and Muslim. Umar Ibn al-Khattab when is was the early
years of Islaam, he was swearing once by his father. When the Prophet (sallallaahu alaihi
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wasallam) heard Umar Ibn al-Khattaab swearing by his father, he said that verily Allaah has
forbidden you from swearing by your fathers, taking oaths in your fathers names. So
whoever is going to take an oath - a halaf, then he must take his oath in Allaahs Name or
remain silent. Thats in Saheeh al-Bukhaaree and Muslim.
Narrated Ibn Umar:
that he found Umar bin Al-Khattab in a group of people and he was swearing by his father.
So Allaahs Apostle called them, saying, Verily! Allaah forbids you to swear by your fathers.
If one has to take an oath, he should swear by Allaah or otherwise keep quiet.
[Taken from sahihalbukhari.com. Reported by Al-Bukhaaree (#5713 on sahihalbukhari.com),
The Book of Good Manners]

In a hadeeth that is authentic, collected by Aboo Daawood (rahimahullaah) on the authority

of Aboo Hurairah (radhiAllaahu anhu). he said that the Messenger (sallallaahu alaihi
wasallam) said that do not take oaths by your fathers names or your mothers names, or
the names of those worshipped along with Allaah. And do not take oaths except in Allaahs
Name. And do not take oaths in Allaahs Name unless youre being truthful. This hadeeth
was judged as being saheeh by Shaykh Naasir-ud-Deen al-Albaani. In Aboo Daawood the
number is 3248 if you wanted to look that up. FIND

Now we have the issue of what happens if a person takes an oath to do something and then
he does not fulfill it. He says, I am going to do something by Allaahs Name, intending to
make a binding vow upon himself, and he does not fulfill it. We have guidance in the
Quraan to tell us what is upon such a person from Soorah Al-Maaidah, the verse quoted
earlier (the explanation of which is):
Allaah will not punish you for what is unintentional in your oaths, but He will punish you for
your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakin (poor person),
on a scale of the average of that with which you feed you own families, or clothe them or
manumit a slave. But whosoever cannot afford (that), then he should fast for three days.
That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not
swear much). Thus Allaah makes clear to you His Ayaat (proofs, evidences, verses, lessons,
signs, revelations, etc.) that you may be grateful.
[Soorah Al-Maaidah(5):89]
Allaah says that if you were to make a hanaf - if you were to violate your vow or not fulfill
your vow; then you have one of two options.
The first option is three-fold and the second option is when the first option cannot be
fulfilled.
That the expiation of that sin is to feed ten poor people, from the medium kinds of food,
from the moderate kinds of food, the average kinds of food that you feed your own families.
Or that you clothe them. Meaning clothe ten poor people.
Or that you free a slave.
Thats a three-fold option, you may choose any of those because of the usage of the word
ou in this verse. You may choose to feed ten poor people if that is easier for you. You may
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choose to clothe ten poor people if that is easier for you. Or you may choose to free a slave
if thats easier for you.
If you are unable and only when you are unable to perform one of those three options, then
Allaah says (the explanation of which is)
That whoever cannot do those things, then he must fast for three days. That is the expiation
of your oaths that you have taken. If you have taken oaths and broken them. And guard
after the oaths that you take. That is from Soorah Al-Maaidah verse number 89.
So thats clear, an expiation for an oath taken in Allaahs Name that was not fulfilled. Or a
vow taken in Allaahs Name upon Tawheed that was not fulfilled is either feeding ten poor
people, clothing ten poor people or freeing a slave. One of those three things. If those three
things are not possible, then fasting for three days. They do not have to be consecutive
because Allaah taalaa did not order consecutive days by saying taaliyaat, or anything like
that.
Lastly, just before we enter into the last hadeeth, the hadeeth of the baab.
That some of the Scholars mentioned like Shaykh Muhammad Saalih al-Uthaymeen - may
Allaah taalaa have mercy on him. They mentioned that there is an argument to say that
oaths or vows uslan are not permissible to take, even with Allaahs Name. Vows that are
mushrooq - that are conditional, ones that are spoken against in those ahadeeth, that is only
brings out of a stingy person, its only a way of extracting some goodness out of a stingy
person. He says there is an argument that is strong for that position, and he mentioned one
of their proofs is: (the explanation of which is)
They swear by Allaah their strongest oaths, that if only you would order them, they would
leave (their homes for fighting in Allaahs Cause). Say: Swear you not; (this) obedience (of
yours) is known (to be false). Verily, Allaah knows well what you do.
[Soorah An-Nur(24):53]
Talking about the munafiqeen in Soorah An-Nur. Allaah says that they swear by Allaah with
excessive oaths. Swearing by Allaah that if you order them to go out and fight with them
that they will surely go out and fight. Taking oaths devoutly with devout phrases, surely by
Allaah, if you told us to go out, we would surely go out and fight with you. And the
munafiqoon - the hypocrites have always been known for running from the lines of battle,
running from the battles, and not taking part in the battles. Allaah taalaa responds to their
actions and their oaths that they took in His Name. And He says that do not take oaths, its
just simple obedience. Simple ordinary obedience. If the Messenger (sallallaahu alaihi
wasallam) was living around you and he ordered you to go out in jihaad, to go out and fight
with him. Just obey the Messenger (sallallaahu alaihi wasallam). There is no need for
excessive oaths in Allaahs Name, if you are called upon you would go. Just simply go when
he calls upon you. And there is no need for oaths.
So here this ayaah, Allaah says, that Allaah orders them and it can be understood as well
that Heorders all of the people, do not take oaths. Meaning do not take vows. Thats one of
the arguments for the taking of vows being impermissible as a base ruling.

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The hadeeth for today as the author says here is from the authentic collection, meaning
here Al-Bukhaaree and not Muslim.
Aishah (may Allaah be pleased with her) narrated that the Messenger of Allaah (sallallaahu
alaihi wasallam) said:
Whoever vows to obey Allaah must obey Him, and whoever vows to disobey Allaah must
not disobey Him.
[Taken from , Concise Commentary of the Book of Tawheed, by Dr. Saalih Al-Fawzaan (page
#108). Related by Al-Bukhaaree (6696).]
(quoted two narrations)
Both of those narrations are from the different manuscripts of Al-Bukhaaree. obviously here
the author was quoting from the manuscript of Aboo Tharr al-Harabee. (Explanation of the
different narration - didnt catch the Arabic).
So the hadeeth here is, that whoever takes a nathar - whoever takes a vow to obey Allaah,
then let him fulfill his vow to obey Allaah, and do what he has vowed to do, let him fulfill it as
an obligation. And whoever took a vow to disobey Allaah then let him not disobey Allaah.
Our Shaykh Saalih al-Fawzaan (hafidhahullah) he says here, what can be understood from
this hadeeth:
FIRSTLY - the vow taken is an act of ibaadah - of worship. So that performing that in other
than Allaahs Name or for other than Allaah is an act of shirk - polytheism.
SECONDLY - the obligation of fulfilling an oath that is an oath of obedience. Meaning an
oath that is permissible to fulfill, it is an act of obedience. Like praying or charity or fasting.
THIRDLY - the prohibition of fulfilling a vow done to disobey Allaah. For example someone
vows to never speak to another person again, not because of a legislated hajr, but because
of a personal differing that took place in a business matter. So he vows to never speak to
the person again and to stay away from him for the rest of his life. That kind of vow is not
permissible and he may not fulfill that.
The Scholars of fiqh differed over whether it was null and void from the beginning because it
was an act of disobedience to make that vow; thus ineffective and no kafaarah is necessary.
Or the person must break the vow and he must fulfill the kafaarah - make the expiation for
breaking a vow. I am unable to give you the correct verdict on that, except to inform you
that that is a case of differing amongst the Scholars. Whoever wants further clarification on
that let him do his best to research, or ask students or Scholars about that issue.
We have finished our time for today. Allaah taalaa knows best. May Allaah taalaa raise the
rank of His Messenger and grant him peace. Likewise that of his family, Companions and
followers in righteousness.