Question (Q-58)
If someone vows to perform ’Umrah, then is it necessary (Wājib) for him to fulfil that vow specifically by performing ‘Umrah, or can he fulfil it by doing something else as well? Will giving the compensation for breaking an oath’ substitute a vow?
Answer:
If someone vows that he will perform ‘Umrah, then it is Wājib (necessary) for him to perform ‘Umrah. This is because a vow is a form of worship which must be fulfilled. Allah (تعالى) states in the Glorious Qur’ān:
وليوفوا نذورهم
“And they must fulfil their vows.” (Sūrah Hajj, 22:29)
It is stated in Radd ul Muhtār, Volume 3, Page 72,
وﺍعلم أن النذر قربة مشروعة
“And know that a vow is a form of worship that is legislated by the Sharī’ah.”
If a vow is conditioned with the fulfilment of a desire, for example, “If Allah (تعالى) cures my sick relative and my lost item is found then I will perform ‘Umrah,” or it is a general (Mutlaq) vow (which is not conditional) such as, “I make a vow for Allah (تعالى),” then in these cases it is necessary to fulfil the vow. There is no Kaffārah (compensation) that can replace fulfilment of the vow.
It is stated in Al Fatāwā Al Hindiyyah, Volume 2, Page 72,
إن علق النذر بشرط يريد کونه کقوله إن شفي اللّٰه مريضي او رد غائبي، لا يخرج عنه بالکفارة کذا في المبسوط و يلزمه عين ماسمي کذا في فتاويٰ قاضي خان
“If he made the vow conditional to something that he desires the occurrence of e.g. “If Allah (تعالى) grants health to an ill person” or “If Allah (تعالى) returns my lost item to me” then he cannot be free from this responsibility by giving compensation (Kaffārah). This is what is stated in Al Mabsūt. It is necessary for him to fulfil exactly that thing which he mentioned he would carry out. This is what is stated in Fatāwā Qādhī Khān.”
It is stated in Al Hidāyah and its commentary, Al ‘Ināyah (Section on Kaffārah – Compensation),
فعليه الوفاء بنفس النذر ولا تنفعه کفارة اليمين
“It is necessary upon him to fulfil the exact vow. The compensation that is given for breaking normal oaths (Kaffārah Al Yamīn) will not benefit him.”
Al Imām Al Kāsānī (رحمه الله) states,
“Someone says, “I make a vow for Allah (تعالى)” or “If I do this then it is necessary for me to fulfil a vow for Allah (تعالى).” If he intended to fast or perform Salāh, or to perform Hajj, or ‘Umrah, it is necessary for him to fulfil that which he intended. If the vow was general (Mutlaq – unconditional) then it is immediately necessary to fulfil the vow. If the vow was conditional, then it is necessary to fulfil the vow once the condition has been fulfilled. Compensation (Kaffārah) is not sufficient according to our Hanafī Scholars as we have explained.” (Al Badā’i As Sanā’i, Chapter on Vows – Kitāb un Nadhr, Volume 5, Page 138)
It is stated in a Hadīth mentioned in Sahīh Muslim and other books,
النذر يمين و کفارته کفارة اليمين
“A vow (Nadhr) is an oath (Yamīn) and the compensation (Kaffārah) for it is the same as that for an oath.”
This Hadīth refers to an unclear vow (Nadhr Mubham) in which the person making a vow does not intend anything, or vows to commit a sin. This is explained in other Narrations.
The King of Scholars (Malik-ul-‘Ulamā) Al Imām Al Kāsānī (رحمه الله) says,
المراد منه النذر المبهم الذي لانية للناذر فيه
“The meaning of it is the unclear vow in which the one making the vow does not have any specific intention.” (Al Badā’i As Sanā’i, Chapter on Vows (Kitāb un Nadhr, Volume 5, Page 138)
Allah (تعالى) is Most Knowing
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
