Nazr, that is, adaq (vow), is a kind of worship. Nazr is performed only for Allâhu ta’âlâ. It is not performed for men. There are two kinds of vowing: absolute nazr, and conditional nazr.
1 - Absolute nazr is, for example, to say, “I shall fast for one year for the sake of Allâhu ta’âlâ.” It is not dependent upon a condition. It becomes wâjib to fulfil it, even if one did not mean it while saying it or it slipped out inadvertently during a conversation. For, in matters of talâq (divorce) and nazr, uttering without an intention or thought is like uttering seriously and intentionally. In fact, if one inadvertently says, “...to fast for a month..,” instead of saying, “Let it be a debt upon me to fast for a day for Allahu ta’âlâ,” it becomes necessary for one to fast for a month.
Nazr is an act of worship. For, namâz, fasting, going on hajj, manumiting a slave, and other kinds of worship can be vowed. The Sharî’a commands the fulfilment of the nazr. It is sinful not to fulfil it. Nazr is like taking an oath. If a person says, “Let it be my nazr,” without naming the thing vowed and without intention, it becomes necessary for him to pay the kaffârat prescribed for an oath. If a person says, “I will fast for Allah’s sake,” without mentioning the number of days of the fast and without intending for anything, or if he intends only for a nazr without thinking of whether or not it is an oath, or if he intends both for a nazr and for an oath, his fasting becomes a nazr, and he fasts three days. If he intends not for a nazr but for an oath while saying it, it becomes an oath. If he breaks his fast it becomes necessary for him to pay the kaffârat (penalty) prescribed for an oath. If he intends both for a nazr and for an oath, or only for an oath without out the nazr, the fasting becomes both an oath and a nazr. If he breaks the fast, both qadâ and the kaffârat for breaking an oath become necessary.
The thing vowed has to be like one of the kinds of worship which is fard or wâjib and has to be an act of worship by itself. For example, making an ablution or shrouding the dead, which are not acts of worship by themselves, cannot be a nazr. Visiting the ill, carrying the dead Muslims to their graves, making a ghusl, entering mosques, holding the Qur’ân, calling the adhân, building schools, building mosques are within the area of worship, too. But none of them is an act of worship by itself. They cannot be vowed. The fard or wâjib which the vowed thing has to be like does not have to be an act of worship by itself. For example, it is permissible to vow donating something to a pious foundation. For, donating something to a pious foundation is like building a mosque for Muslims. Building a mosque is not an act of worship by itself, but donating to a pious foundation is an act of worship by itself. For example, making an ablution is not an act of worship by itself, but it is a condition (to be fulfilled for the acceptability) of namâz, which is an act of worship by itself. Likewise, shrouding a dead Muslim is a condition for the acceptability of the namâz of janâza. The satr-i-awrat of the dead is a condition of the namâz of janâza.
One has to fulfil the absolute nazr immediately, even if one is poor. If the state of death is felt before one has fulfilled it, one has to add fulfilment of kaffârat to one’s will. It is also permissible to delay it without a good excuse. When fulfilling the nazr, one does not have to fulfil also the things which one has designated to do. For example, if one has vowed to give a certain amount of money to a particular poor person at a certain place and time, or to perform the namâz at a certain place, one does not have to observe these particulars. Yet one cannot change the vowed amount. However, if one vowes to give gold coins to a certain poor person at a certain place for Allah’s sake, one will have to give them to that particular poor person. For, one’s not appointing the (number of) gold coins or the (amount of) property one is going to give shows that one wants to appoint the poor person.
2 - Conditional vow. When the condition one has desired occurs one has to fulfil the nazr. [It is written in Fatâwâ-i-khayriyya that it is permissible to pay the kaffârat prescribed for an oath instead of fulfilling the nazr. It is written at the end of the chapter about fasting in the marginal notes titled Imdâd by Tahtâwî (rahmatullâhi ta’âlâ ’aleyh), “It is deduced from âyats and hadîths that nazr is permissible. If one has made the nazr depend upon the occurrence of a condition one desires, one will have to fulfil the nazr when the condition one has stipulated occurs. If one has stipulated a condition one does not desire to occur, when the condition one does not desire occurs one fulfils the nazr if one likes, if the nazr is hajj, fasting, alms, or supererogatory namâz. If one does not want to fulfil the nazr of this kind, one may pay the kaffârat for an oath instead. For example, if one says, “May it be my nazr to give a hundred pounds as alms for Allah’s sake if I ever speak to Alî again,” and then speaks to Alî, he has a choice between giving the alms or paying the kaffârat prescribed for an oath. But if one has said, “May my wife be divorced...,” one will have divorced one’s wife when one speaks to Alî, and it will not be permissible to pay the kaffârat for an oath. It is not permissible to fulfil the nazr dependent upon a condition before the condition occurs. For example, if one has said, “May it be my nazr to give so and so much money as alms for Allah’s sake and present the thawâb for it to the soul of Hadrat Sayyed Ahmad Bedevî if my such and such ill relative recovers,” it is not permissible to fulfil the nazr before the ill person recovers. One has to fulfil it after the ill person recovers. Like in the former case, when fulfilling the dependent nazr it is not necessary to fulfil the specifications one has made as to time, identity of the poor person, number of the poor people, or kind of money. The dependent nazr shouldn’t be fulfilled in return for the occurrence of the stipulated condition. It should be fulfilled as an act of gratitude to Allâhu ta’âlâ. It is like making the sajda (prostration) of gratitude to Him].
Necessity of the fulfilment of nazr is declared in Qur’ân al-kerîm and in hadîths, and there is ijmâ’i-umma on this. The twenty-ninth âyat of Hajj Sûra declares: “They must fulfil their vows!” It is, therefore, wâjib to fulfil the nazr. Some (’ulamâ) said that it is fard.
Fasting, salât [namâz], alms, i’tikâf, manumiting slaves, and hajj, -even by walking-, can be vowed. For, each of these is an act of worship by itself and is like either a fard or a wâjib. For example, it is fard to manumit a slave for the kaffârat of fasting. Going on hajj by walking is fard for those Meccans who can. The worship here is not walking, but it is the hajj. And i’tikâf is like the sitting posture in the last rak’at of namâz. As for waqf (donation to a pious foundation), it is fard for the state to build a mosque for Muslims in every city by using the funds reserved for this purpose in the Beytulmâl. If the state does not build it, it becomes fard for Muslims.
When the nazrs of i’tikâf, hajj, salât, fasting, alms are not dependent, it is permissible to fulfil them without observing the specifications as to time, place, identity of the poor, and kind of money. For example, if one vows to give certain silver coins to a certain poor person in Mekka, on, let us say, Friday, it is permissible for one to give other silver coins to another person at some other place and time instead. It is permissible to perform the vowed hajj, salât, i’tikâf, or fasting before the time appointed during the vow. But it will not be acceptable if the number of days is one day less (than the vowed number). The dependent nazr cannot be fulfilled before the condition it depends on occurs. One can still make changes as to the poor person (to be given the alms), place, and kind of money.
If a person who has made it his nazr to fast every day during the month of Rajab becomes ill and cannot fulfil it, he will have to make qadâ of his fastings later, as with Ramadân.
If something unlike any fard or wâjib is vowed, it is not necessary to fulfil it. The type of worship it is like has to be a fard-i-ayn. It is not necessary to fulfil the nazr which is like a fard-i-kifâya. An example of this is visiting a sick person. Entering a mosque cannot be vowed, though it is fard to enter the Majid-i-harâm for tawâf (visiting) or to enter a mosque after the imâm for Friday prayer. For, entering a mosque is not an act of worship by itself, but it is a part of an act of worship. Though it is fard to help one’s needy parents, visiting one’s parents cannot be vowed because it is not an act of worship by itself.
To sum up, when something is vowed its fulfilment is necessary if it has five conditions:
I - It has to belong to the class of a fard-i-ayn or wâjib.
II - It has to be an act of worship by itself.
III - It shouldn’t be a sin in itself. It is permissible to vow to fast on the ’Iyd day of qurbân. For, fasting is not a sin in itself. In this case one will have to fast some other day. Vowing something which is harâm becomes an oath. It is sinful to fulfil it. For example, when one vows to kill so and so, one does not kill so and so, but pays the kaffârat for an oath, instead.
IV - It is not sahîh to vow to do something which is already fard for one to do. For example, hajj is already fard for a rich person who vows to become hadji. To vow to become a hadji is to inform that one is going to make the hajj that is fard. For, he who makes a supererogatory hajj cannot become a hadji. Because it is not sahîh to vow the hajj which is fard, in this case it is fard for the rich person to make hajj only once. It is not necessary for him to go again for the fulfilment of his vow.
If a rich person vows to kill a sheep as a qurbân on one of the days of the ’Iyd of qurbân, he will have to kill two sheep, one for the vow and the other for the ’Iyd of qurbân. If this person means the qurbân of the ’Iyd when vowing, he kills only one sheep as the qurbân. If he vows it before the days of ’Iyd, he will have to kill two, whatsoever his intention was. For, to mean something which is not yet wâjib for one to do is not to inform that one is going to do it. Also, if a person who becomes rich on one of the ’Iyd days, (let us say, on the third day), vowed to kill a sheep when he was poor on one of the ’Iyd days, (let us say, on the first day), he has to kill two sheep, for the same reason. For a rich person who has not become a hadji to vow hajj is similar to a rich person vowing a qurbân on one of the days of ’Iyd of qurbân. For, performing the hajj, like performing the qurbân, is of two kinds: performing the hajj which is fard; and performing the supererogatory hajj. If, when vowing to go on hajj, he does not mean to become a hadji, that is, to perform the hajj which is fard, he will have to perform the hajj twice. For, if the person for whom it is wâjib to perform the qurbân does not mean the wâjib when vowing the qurbân, it will come to mean the supererogatory qurbân and so the vow will be sahîh. Likewise, if the hajj which is fard is not meant when vowing to go on hajj, it will come to mean a supererogatory hajj. So the vow will be sahîh, and the rich person will have to go on hajj twice, one for the fard, and one for the vow. The case is not so with vowing for the fast in Ramadân or, for example, vowing noon prayer or vowing to become a hadji. Only the fard is meant when they are said. They have no supererogatory forms. Because the person vowing them means only the fard, the vow is not sahîh. This means to say that something which can be both fard and supererogatory can be vowed. Its fard form shouldn’t be meant when vowing. This applies to vowing namâz, fasting, hajj, and qurbân. A person who vows to fast in Ramadân does not have to fulfil anything. He only fulfills his fast of Ramadân, which is fard.
It is permissible for the poor as well as for the rich to vow a qurbân. Qurbân means a sheep, goat, ox, or camel killed on one of the first three days of the ’Iyd, which is wâjib for the rich and supererogatory for the poor. A person who has vowed ten sheep kills ten sheep within the three days of the ’Iyd. If they are not killed within that time, he gives them alive as alms if he still possesses them. For, the commandment is to kill only one sheep. That the vowed number is ten shows that he did not state that he would perform the qurbân which is wâjib. The vowed qurbân must be performed on one of the certain three days. If the animals are killed before these days the qurbân has not been performed and the nazr has not been performed. If the vowed qurbân is not performed by the end of the certain three days, its equivalent in gold or silver or the animal itself is given alive as alms to the poor. If he kills it after the certain three days (’Iyd days) and gives the meat to the poor, the value of the meat shouldn’t be less than the value of the animal was when it was alive. If it is less, he will have to give the difference in money to the poor. But if a person vows to kill a sheep instead of mentioning the name of qurbân, he may kill it at any place and at any time he likes, including the days of the of ’Iyd of qurbân, even if he has appointed the time and the place.
V - The thing vowed should be a piece of property, and it shouldn’t be more than one’s property or belong to someone else. For example, if a person who has a hundred pounds vows to give a thousand pounds as alms, he will have to give a hundred pounds. If he vows to give a certain number of gold coins, and then if he loses the gold coins, the nazr lapses.
It is permissible to vow to read the Qur’ân or to visit the Kâ’ba. It is permissible to vow to say a certain number of salawâts for our Prophet (sallallâhu alaihi wa sallam), [e.g. to say the prayer of Delâil-i-khayrât or Jâliyet-ul-ekdâr].
[It is not permissible to vow a cock by saying, “I will make a qurbân of a cock or kill a cock for Allah’s sake.” For the cock is not an animal for qurbân. A person who wants to vow a cock must say, “I will kill a cock and give it to the poor for Allah’s sake,” and must give the cock, alive or after killing it, to the poor. Thus, he will have vowed not the qurbân but the alms]. If a person who has vowed alms has also mentioned its amount, he gives that amount. If he has not mentioned the amount he pays the kaffârat for an oath, which is to give half a sâ’ of wheat or its equivalent to each of ten poor people.
When one’s relative or friend is back from a long journey or when one is visited by a person whom one loves and respects, it is not permissible to kill an animal out of joy or reverence to the visitor or for thanks. The animal can be vowed before or after the arrival of an expected guest, and killed as a vow, that is, for Allah’s sake; in this case the meat is given to the poor; the rich are not allowed to eat it. [If one says “qurbân” when vowing the animal, one has to kill it on the ’Iyd of qurbân]. Also, it is permissible to kill an animal with the intention of giving a special meal to the expected visitor.
It is permissible to fulfil the absolute nazr before the appointed time. But it is not sahîh to fulfil the dependent nazr before the desired condition comes into being. A person who has vowed something as alms can give something else of the same value or its equivalent. He who has woved to fast in a certain month has to fast every day in that month, and has to make qadâ of the omitted days. If he has not appointed the name of the month, he fasts for one month [thirty days], which he can complete in several months. If a sick person vows that he will fast for a month for Allah’s sake and then dies before recovering from his illness, nothing is required. If he recovers even one day before his death and does not fast on that day, he wills an isqât for the whole month.
Whether rich or poor, a person cannot eat from the meat of the animal killed as the fulfilment of his vow, nor can he give it to people to whom it is not permissible to give zakât. Nor can he let his parents, children, wife, [or husband, if the person is a woman], eat from the meat, even if they are poor. If he should eat or let those people eat from it, he gives the equivalent of the meat eaten as alms to the poor. Of his relatives and household, whether young or old, everyone who he is permitted to give his zakât to can eat from the meat. But the rich ones cannot. If they do, the performer of the vow will have to give the equivalent of what they have eaten to the poor.
Ibni ’Âbidîn ‘rahmatullâhi ’aleyh’ says at the end of his discourse on zakât for sheep: In zakât, ’ushr, kharâj, fitra, nazr, and in all kinds of kaffârat except manumiting slaves, it is permissible to give the equivalent of property which is not mithlî even if the property itself exists. [Property of zakât can be given as an equivalent for property of zakât. Other property cannot be given. Any property can be given for other kinds of property]. It is permissible to give three fat sheep instead of four thin sheep. For things that are mithlî, that is, things that can be measured by weight or volume, their equivalent of the same kind cannot be given. For example, it is not permissible to give four gold coins of high carat instead of five gold coins of lower carat or four pounds of good wheat instead of five pounds of wheat of poorer quality. It is necessary to give the same amount (five gold coins or five pounds of wheat) of the better quality too. But it is permissible to give their equivalent of some other kind. For, when goods in whose comparison there is fâidh (interest, usury) are of different kinds, it is permissible to give less or fewer of the better ones and more of the poorer ones. In qurbân and in emancipating slaves equivalents cannot be given. For these two require shedding blood and rescuing from slavery, not giving property. Only after the ’Iyd days are over can the equivalent of the animal for qurbân be given to the poor. A person who has vowed to kill two medium sheep as the qurbân cannot kill a big ram as the qurbân which is equal to them in value. He has to kill two. [In lieu of sheep (vowed) the same number of goats can be killed, and equal number of cattle can be offered in place of camels vowed. They do not have to be equal in weight or value.] But he who has vowed to give two medium sheep as alms (to the poor) can give a big ram which is equal to the two sheep in value. A person who has vowed a tin of low quality dates cannot give half a tin of good dates which are equal in value. For, when they are of the same kind, if their amounts are not equal when being changed for each other the act becomes fâidh. It would be permissible if he gave half a tin of good barley which is of equal value.
A vow to kill an animal must be for Allah’s sake without any stipulation. It is permissible to give the meat to the poor and to present the thawâb for it to a Walî or to an exalted religious person. Then, one must pray for the realization of one’s wish for the sake of the alms and the Walî (to whose soul one has presented the thawâb for the alms one has given to the poor). In other words, one must do one’s vows as exemplified: “If I attain this wish of mine, I will kill a sheep for Allah’s sake at Eyyûb[24] , give the meat to those poor people who are neighbors to Hadrat Khâlid[25] , and present the thawâb to his soul.” An animal vowed with a stipulation of this sort cannot be killed before the realization of the wish. The animal shouldn’t be killed near the grave. Also, our religion does not permit such things as fastening pieces of cloth or string on tombs or burning candles on tombs. These things are done by Christians. Candles shouldn’t be burned on graves. If candles are taken to the poor people who serve the tombs and who pray there, it will cause thawâb of alms. And this thawâb will be presented to the dead people there. Dead people do not need candles. A Believer’s grave is a garden of Paradise. It is in nûrs (haloes). And a disbeliever’s grave is a ditch of Hell. It is full of torment. Candles will not rescue him from this torment.
It is written at the end of the chapter about the fast in Durr-ul-mukhtâr: “Ignorant people vow such things as money and candles for the dead. They want to approach the great Awliyâ and get benefits from them. These vows are harâm and useless. They should be vowed for Allâhu ta’âlâ and given to the poor Muslims (serving and worshipping) in the mausoleums.” While explaining these statements, Ibni Âbidîn says: “It is harâm to go to the grave of one of the great Awliyâ and say, ’If you find my lost property, -cure my sick relative, solve my such and such problem,- I will give this money -or food- for your sake, I will burn a candle and leave it here for you.’ For, a vow is done only for Allah’s sake. It is disbelief to expect something from a dead person independently from Allâhu ta’âlâ. It drives away one’s îmân. [He who goes to a church, sacred spring, grave or tomb and asks for something from Hadrat Îsâ (Jesus), Mariam (Mary), or the Awliyâ and prays to them becomes a disbeliever. One should ask from Allâhu ta’âlâ so that He will give for their sake. Hadrat Abdulhakîm Arwâsî ‘quddisa sirruh’ used to say that such expressions as “The Grandfather who gives promptly” are very ugly and cause disbelief]. One should say, ’O my Allah! I vow that if You cure my sick relative I will give this money to the poor people living near that Walî’s tomb and present the thawâb to the Walî’s soul.’ It is harâm for the rich to accept things given in fulfilment of such vows. Property which is not given as alms to the poor is not acceptable as a vow. For example, such vows as burning candles on graves, lighting candles (or lights) on minarets, saying mawlids loudly in mosques like songs and dance music are not acceptable. It is harâm and useless to pay or take money for such things.” It is written at the end of ’Uqûd-ud-durriyya that it is bid’a to use more lights than usual in mosques on sacred nights. The same is written in the chapter about the rules concerning a mosque in Eshbâh.
Some people make a vow by saying, “Table of Zachariah.” They put 40 kinds of fruit on a table, and then they invite their neighbors and close friends to eat from this table. They expect that the wishes they make as they eat at these tables will come true. Such a vow is bid’at. It is a Jewish custom. It is harâm for anyone, except a poor person, to eat from something that has been vowed. To cause bid’at and harâm is a grave sin.
It is permissible to vow to kill an animal when laying a foundation or when one’s sick relative recovers and then to give the meat as alms to the poor. It produces thawâb for alms.
6 – OATHS-KAFFÂRAT FOR AN OATH
Yemîn (oath) means strength. It indicates strength in a statement, intention or desire to do or not to do something. Also, the words “half”, “hilf”, and “qasem” can be used instead of “yemîn.” There are three kinds of yemîn:
1 - Ghamûs oath, [which causes sin and going to Hell]. It is to knowingly swear a false, lying oath on something in the past. It is a grave sin. In order to repent, tawba and istighfâr are necessary, but not kaffârat.
2 - Mun’aqida oath. It is to swear an oath to do or not to do something in future. There are three types. In all three types, breach of the oath necessitates kaffârat. But kaffârat is not paid before the breach:
A) There is no given time. If a person swears that he will beat Ahmad, the oath is not broken if he does not beat him as long as both are alive. The oath is broken when either one dies. For, when he swears that he will beat Ahmad, it does not become wâjib for him to do it till his death. If he swears that he will not beat Ahmad and does not beat him till after his death, the oath eternally will never be broken. For, in this case it immediately becomes wâjib for him not to beat Ahmad. The oath is broken if he beats him once. He pays kaffârat, and the oath expires. If he beats him a second time he does not pay kaffârat again.
B) The time is appointed. If he breaks the oath before the time comes, kaffârat becomes necessary. The oath is not broken if he dies before the appointed time comes.
C) The oath which is made dependent upon a condition. It is to make the fulfilment of one’s oath dependent on one’s or someone else’s doing something. It is to swear to something else by saying, “If you do this...,” in order to prevent oneself or someone else from doing something intended, or by saying, “If you don’t...,” in order to get someone sitting to do something. This oath’s being sahîh (valid) requires in the first case the person’s doing it at once (if the time has not been appointed) or by the appointed time (if the time has been appointed) and in the second case the person’s not doing it or being unable to do it. If the person in the first is incapable of doing what is to be done the oath does not become sahîh. If the time has not been appointed and if he (the browbeaten person) gives up doing it first and then intends a second time and does it, the oath becomes sahîh in the second case. But it does not become sahîh in the first case. When a person says to another, “I swear (by Allah) that I will beat you if you don’t leave this place and come home”, if the latter stands up immediately, goes to the toilet, puts on his clothes, goes home, then comes back to the former place to get his key and then goes home again, the former’s oath does not become sahîh. For, these things done by the latter are not considered as matters delaying going home. So it is not necessary for the former to beat him. If the husband says to the wife who is getting ready to go out, “You will be divorced if you go out,” and if she first gives up going out and then gets ready again and goes out later, she will not be divorced. If a man who attempts to beat his child is told, “I swear (by Allah) that I will not speak with you any more if you beat the child!” and if the man sits for a while and then beats the child, it is not necessary for the swearer not to speak with him any more. If a person asks another to stay and eat with him and if the latter swears that he will not eat with him and leaves the place, saying, “If I eat with you...,” the oath will lapse when he comes back and they eat together.
3 - Laghw [vain] oath. It is to swear an oath mistakenly by making a wrong guess on something in the past. This does not put one into a sinful state; nor does it entail kaffârat.
In all three kinds, making or violating an oath because of forgetfulness or under duress is like making or violating it knowingly and willingly.
For a mun’aquida oath to be sahîh its fulfilment must be possible mentally and actually. If a certain period of time is appointed, fulfilment of the oath should be possible until the end of the appointed time. For, fulfilment of the oath becomes wâjib at the end of the appointed time. It is sinful to swear for something impossible. When a person says to another, “I swear (by Allah) that I will give you your due tomorrow morning,” the oath will not become sahîh if either one of them dies before morning. For, it is impossible to fulfil the oath by the appointed time. When a person swears, “Today I will drink up the water in this large jug,” the oath will not be sahîh if there is no water in the jug or if the water is poured out before the day is over. If he has not appointed a time, his oath will not be sahîh if there is no water in the jug; but if the water which is in the jug is poured out after the oath, the oath will be sahîh and will have been violated, and kaffârat will be necessary, because he has not drunk it. For, though fulfilment of an oath for which there is no appointed time becomes wâjib when one is about to die, it is wâjib to do it whenever one can, because at the time of death it will be very difficult to fulfil it, or to pay kaffârat or will the payment of kaffârat if one cannot fulfil it.
If a person swears that he will ascend to the sky or that he will change a certain piece of stone into gold, he becomes hânith (a perjurer) and pays kaffârat, because he cannot do it. For, though science cannot do these two things yet, they are not impossible mentally. As angels can and some prophets did ascend to the sky, so the atoms that make up a piece of stone can change into atoms of gold.
While explaining the talâq (divorce), Ibni Âbidîn says, “If a person swears, ’May everything which is halâl for me be harâm if I do such and such a thing,’ twice for two different things, his wife becomes divorced once when he does the first thing. And when he does the second thing she becomes divorced a second time. For, his wife’s not being in his nikâh as he does the second thing does not affect his second oath from being sahîh. Because she was in his nikâh when he swore the second oath, his second oath became sahîh.”
It is written in the books Multaqâ and Durr-ul-mukhtâr, “There are three different ways of making an oath: By the names of Allâhu ta’âlâ, by making something that causes disbelief depend on a condition, and by making a divorce certain [by saying, ‘May I be divorced from my wife if...’]. Making an oath by using the names of Allâhu ta’âlâ is done either by letters or by words. If one of the prefixes “b”, “tâ”, and “wa” is added at the beginning and the “esre”[26] is added at the end of the name, it becomes an oath. An oath can be made only with the names