Book of Vows
Vows are of two kinds.
- The vow of obstinacy (nadhr lajāj). An example is his saying, “If I speak to him, then for Allah I must free a slave or fast.” Concerning such a vow three opinions are reported:
– According to one, he owes only the expiation for a broken oath;
– According to a second, he must carry out whatever act he has expressly obliged himself to perform;
– According to a third, he may choose either course.
I say: The third view is the sounder, and it is the position preferred by the Iraqi scholars; Allah knows best.
If he says, “If I enter, then I am required to give the expiation for an oath or to fulfil a vow,” then, upon entering, the expiation becomes due, while the vow becomes a vow of devotion in that he must commit himself to an act of worship.
A devotional vow of gratitude becomes binding whenever a blessing is granted or a misfortune is lifted, as in his saying, “If my patient recovers, then for Allah I must do such-and-such.” Once the condition is fulfilled, the vow is due.
If he does not attach his pledge to any condition but simply says, “It is incumbent upon me to fast,” the fast becomes obligatory according to the more authoritative view.
A vow to commit a sin or to perform something already obligatory is invalid.
If he vows to do, or to refrain from, an act that is merely permissible, the vow is not binding; however, should he act contrary to it, he must pay the expiation for an oath, according to the preferred opinion.
If he vows to fast on days for which it is recommended to fast promptly, then:
• If he stipulates that the days be separated or that they be consecutive, that stipulation is binding;
• Otherwise, he may choose either way.
If he vows to fast an entire specified year, he must fast it while breaking his fast on the day of ʿId and the three days of tashrīq, and the fast of Ramadan counts toward that year with no need to make it up later. If the fast is interrupted by menstruation or post-partum bleeding, making up those days is required according to the stronger opinion.
I say: The stronger view is that making them up is not required, and this is the conclusion adopted by the majority; Allah knows best.
If he breaks the fast for a single day without a legitimate excuse, he must make up that day, but he is not required to restart the whole year. If he stipulated that the fast be consecutive, consecutiveness is obligatory according to the correct view; likewise, if he vowed an unspecified fast but stipulated that it be consecutive