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Hadith 34804
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "Whoever swears by Allah and then says, 'Allah willing' and then
does not do what he has sworn to, has not broken his oath."
Malik said, "The best I have heard on this reservation is that it
belongs to the statement made if the speaker does not break the normal
flow of speech before he is silent. If he is silent and breaks the
flow of speech, he has no exception."
Yahya said, "Malik said
that a man who said that he had disbelieved or associated something
with Allah and then he broke his oath, had no kaffara, and he was not
a disbeliever or one who associated something with Allah unless his
heart concealed something of either of those. He should ask
forgiveness of Allah and not return to it - for what he did was evil."
Muwatta Malik Book 22, Hadith 11
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Yahya related to me from Malik from Hisham ibn Urwa from his
father that A'isha, umm al-muminin said, "Rashness in oaths is that a
man says, 'By Allah, No! by Allah!' " i.e. out of habit.
Malik said, "The best of what I have heard on the matter is that
rashness in oaths is that a man take an oath on something to show that
he is certain that it is like he said, only to find that it is other
than what he said. This is rashness."
Malik said, "The
binding oath is for example, that a man says that he will not sell his
garment for ten dinars, and then he sells it for that, or that he will
beat his young slave and then does not beat him, and so on. One does
kaffara for making such an oath, and there is no kaffara in rashness."
Malik said, "As for the one who swears to a thing which he
knows is wicked, and he swears to a lie he knows to be a lie, in order
to please someone with it or to excuse himself to someone by it or to
gain money by it, no kaffara that he does for it can cover it." Muwatta Malik Book 22, Hadith 10
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Yahya related to me from Malik from Suhayl ibn Abi Salih from his
father from Abu Hurayra that the Messenger of Allah, may Allah bless
him and grant him peace, said, "Whoever makes an oath and then sees
that something else would be better than it, should do kaffara for his
oath and do what is better."
Yahya said that he heard Malik
say, "Anyone who says that he has a vow but does not mention the name
of Allah, is still obliged to make the kaffara for an oath (if he
breaks it)".
Malik said, "Emphasis is when a man swears one
thing several times, repeating the oath in his speech time after time.
For instance, the statement, 'By Allah, I will not decrease it from
such-and-such,' sworn three times or more. The kaffara of that is like
the kaffara of one oath. If a man swears, 'I will not eat this food or
wear these clothes or enter this house,' that is all in one oath, and
he is only obliged to do one kaffara. It is the same for a man who
says to his wife, 'You are divorced if I clothe you in this garment or
let you go to the mosque,' and it is one entire statement in the
normal pattern of speech. If he breaks any of that oath, divorce is
necessary, and there is no breaking of oath after that in whatever he
does. There is only one oath to be broken in that."
Malik
said, "What we do about a woman who makes a vow without her husband's
permission is that she is allowed to do so and she must fulfill it, if
it only concerns her own person and will not harm her husband. If,
however, it will harm her husband, he may forbid her to fulfill it,
but it remains an obligation against her until she has the opportunity
to complete it." Muwatta Malik Book 22, Hadith 12