They differed over whether the three days of fasting must be consecutive. A group held that consecutiveness is not obligatory: one may fast them consecutively if one wishes, or separately if one wishes, although fasting consecutively is preferable. This is one of al-Shafiʿi’s two views. Others held that consecutiveness is obligatory, by analogy with the expiation for killing and for zihar. This was the view of al-Thawri and Abu Hanifah, and it is supported by Ibn Masʿud’s recitation: “fast for three consecutive days.”

“Such is the expiation for your oaths when you have sworn” and then broken them, for expiation only becomes obligatory after an oath has been broken.

They also differed over offering expiation before breaking the oath. Some held that it is permissible, based on what has been related to us: the Prophet, may Allah bless him and grant him peace, said: “Whoever swears an oath and then sees something else to be better than it, let him make expiation for his oath and do that which is better” (1). This was the view of ʿUmar, Ibn ʿUmar (2), Ibn ʿAbbas, and ʿAʾishah. It was also held by al-Hasan and Ibn Sirin, and was adopted by Malik, al-Awzaʿi, and al-Shafiʿi. Al-Shafiʿi, however, maintained that if one offers expiation by fasting before breaking the oath, it is not valid, since fasting is a bodily act of worship. Rather, expiation may be offered in advance through feeding, clothing, or manumission, just as zakah may be paid before the completion of its annual term; whereas the Ramadan fast may not be observed before its appointed time. Others held that expiation may not be offered before breaking the oath. This was the view of Abu Hanifah, may Allah have mercy on him.

His saying, Exalted is He: “And safeguard your oaths.” It was said that this means refraining from swearing oaths—that is, do not swear. It was also said—and this is sounder—that it means: when you have sworn, do not break your oaths. Thus, what is intended is to safeguard the oath from being broken. This applies when one’s oath is not to refrain from a recommended act or to commit a disliked act. But if one swears to do something disliked or to refrain from something recommended, then it is preferable to break one’s oath and offer expiation, because ʿAbd al-Wahid ibn Ahmad al-Mulayhi informed us, Ahmad ibn ʿAbd Allah al-Nuʿaymi informed us, Muhammad ibn Yusuf informed us, Muhammad ibn Ismaʿil informed us, Hajjaj ibn Minhal informed us, Jarir ibn Hazim informed us, from al-Hasan, from ʿAbd al-Rahman ibn Samurah, who said: The Prophet, may Allah bless him and grant him peace, said: “O ʿAbd al-Rahman ibn Samurah, do not seek political authority. For if you are given it as a result of asking for it, you will be left to it; but if you are given it without asking for it, you will be aided in it. And when you swear an oath, then see something else to be better than it, make expiation for your oath and do that which is better” (3).

His saying, Most High: “In this way Allah makes His signs clear to you, so that you may be grateful.”