Transliteration:( Laa yu'aakhizukumul laahu billaghwi feee aimaanikum wa laakiny yu'aakhizukumul bimaa 'aqqattumul aimaana a kaffaara tuhooo it'aamu 'asharati masaakeena min awsati maa tut'imoona ahleekum aw kiswatuhum aw tahreeru raqabatin famallam yajid fa Siyaamu salaasati aiyaam; zaalika kaffaaratu aimaanikum izaa halaftum; wahfazooo aimaanakum; kazaalika yubaiyinul laahu lakum Aayaatihee la'allakum tashkuroon )
"Allah does not hold you accountable for oaths taken by misunderstanding [245], but He will hold you responsible for oaths which you have made binding [246]. Then, the penalty for breaking such oaths is the feeding of ten needy people with the average food with which you feed your families, or clothing them, or freeing a slave. And whoever does not find [the means] — then a fast of three days [247]. This is the alternative penalty for your oaths when you have sworn. And guard your oaths [248]. Thus, Allah explains His signs to you so that you may be grateful."
In the Hanafi school, Laghwa refers to an unintentional oath, sworn under a misunderstanding, such as believing a false event to be true. Since there is no intent to lie, it incurs no sin or expiation. It reflects Allah’s mercy in exempting errors without deceit.
This verse refers to three kinds of oaths:
Laghwa – made unintentionally; no sin or expiation.
Ghamoos – deliberately false, about a past event; sinful, but no expiation, only repentance.
Munaqidah – oath about a future action, which is later broken; this requires expiation.
Expiation includes feeding or clothing ten poor Muslims, or freeing a slave. If none is possible, fasting for three consecutive days is required.
Fasting becomes the only valid expiation if the person genuinely cannot afford the previous options. It must be three consecutive days and is only valid after breaking the oath. One cannot fast in advance of the violation. The expiation is for the breach, not for the oath itself.
The command “guard your oaths” implies that oaths are meant for fulfillment, not for casual or reversible use. Expiation is not a license to disregard oaths. It only comes after the oath is broken, because the cause (breaking the oath) must occur before the effect (expiation) can be applied, as understood in Hanafi jurisprudence.
89. Allah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation feed ten poor, on a scale of the Awsat of that with which you feed your own families; or clothe them; or free a slave. But whosoever cannot afford, then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths. Thus Allah makes clear to you His Ayat that you may be grateful.
We mentioned the subject of unintentional oaths in Surat Al-Baqarah, all praise and thanks are due to Allah, and so we do not need to repeat it here. We also mentioned that the Laghw in oaths refers to one’s saying, “No by Allah,” or, “Yes, by Allah,” unintentionally.
Allah said,
(but He will punish you for your deliberate oaths.) in reference to the oaths that you intend in your hearts,
(for its expiation (a deliberate oath) feed ten poor,), who are needy, not able to find necessities of the life. Allah’s statement,
(on a scale of the Awsat of that with which you feed your own families;) means, “On the average scale of what you feed your families,” according to Ibn `Abbas, Sa`id bin Jubayr and `Ikrimah. `Ata’ Al-Khurasani commented on the Ayah, “From the best of what you feed your families”. Allah’s statement,
(or clothe them,) refers to clothing each of the ten persons with what is suitable to pray in, whether the poor person was male or female. Allah knows best. Al-`Awfi said that Ibn `Abbas said that the Ayah means a robe or garment for each poor person (of the ten). Mujahid also said that the least of clothing, referred to in the Ayah, is a garment, and the most is whatever you wish. Al-Hasan, Abu Ja`far Al-Baqir, `Ata’, Tawus, Ibrahim An-Nakha`i, Hammad bin Abi Sulayman and Abu Malik said that it means (giving each of the ten poor persons) a garment each. Allah’s statement,
(or free a slave) refers to freeing a believing slave. In the Muwatta’ of Malik, the Musnad of Ash-Shafi`i and the Sahih of Muslim, a lengthy Hadith was recorded that `Umar bin Al-Hakam As-Sulami said that he once had to free a slave (as atonement) and he brought a black slave girl before the Messenger of Allah , who asked her;
(Where is Allah) She said, “Above the heavens.” He said,
(Who am I) She said, “The Messenger of Allah.” He said,
(Free her, for she is a believer.) There are three types of expiation for breaking deliberate oaths, and whichever one chooses, it will suffice, according to the consensus (of the scholars). Allah mentioned the easiest, then the more difficult options, since feeding is easier than giving away clothes, and giving away clothes is easier than freeing a slave. If one is unable to fulfill any of these options, then he fasts for three days for expiation, just as Allah said,
(But whosoever cannot afford (that), then he should fast for three days.) Ubayy bin Ka`b and Ibn Mas`ud and his students read this Ayah as follows, “Then he should fast three consecutive days.” Even if this statement was not narrated to us as a part of the Qur’an through Mutawatir narration, it would still be an explanation of the Qur’an by the Companions that has the ruling of being related from the Prophet . Allah’s statement,
(That is the expiation for the oaths when you have sworn.)﴿5:89﴾ means, this is the legal way to atone for deliberate oaths,
(And protect your oaths.) Do not leave your broken oaths without paying the expiation for them, according to the meaning given by Ibn Jarir.
(Thus Allah makes clear to you His Ayat) and explains them to you,
(that you may be grateful.)
(5:89) Allah does not take you to task for the oaths you utter vainly, but He will certainly take you to task for the oaths you have sworn in earnest. The expiation (for breaking such oaths) is either to feed ten needy persons with more or less the same food as you are wont to give to your families, or to clothe them, or to set free from bondage the neck of one man; and he who does not find the means shall fast for three days. This shall be the expiation for your oaths whenever you have sworn (and broken them.)[106] But do keep your oaths.[107] Thus does Allah make clear to you His commandments; maybe you will be grateful.
106. Since some people had taken an oath prohibiting for themselves the things which He had permitted, God laid down this injunction regarding oaths made inadvertently. The injunction makes it unnecessary to feel bound by the terms of inadvertent oaths, and for which one will not be reproached by God. And if a person had deliberately made an oath which entails sin he should not abide by his oath and should expiate it – see (Surah Al-Baqarah, ayat 224-225) note 243-444; for expiation see (Surah An-Nisa, ayat 92) note 125.
107. To be mindful of one’s oaths has several meanings. First, one should make proper use of oaths and should not employ them either frivolously or sinfully. Second, when a person takes an oath, he should take care not to forget it lest he be led to break it. Third, when a man deliberately takes an oath regarding something sound in itself he should pay the penalty if he happens to violate it.
[279]- i.e., what is sworn to only out of habit of speech or what one utters carelessly without true intent. [280]- i.e., that for a deliberate oath. [281]- i.e., do not take oaths indiscriminately or swear to do that which is sinful, requiring expiation.
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