Series of Answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Amir of Hizb ut-Tahrir, to Questions from Visitors to his "Fiqhi" Facebook Page
Answer to Question
Expiation for an Oath (Kaffarah al-Yamin)
To: Gajimurad Gamzatov
Question:
As-salamu Alaykum wa Rahmatullahi wa Barakatuhu,
Our honorable Sheikh,
Does the expiation for an oath count for a small breastfeeding infant who does not eat food and only drinks mother's milk or formula? If the expiation was completed and this question did not come to the person's mind, should he repeat the expiation for the poor?
Another question related to the expiation for an oath: Is it sufficient to feed the needy once, or must it be twice (lunch and dinner)?
The third question: A person resides in Europe and gave the expiation for an oath to the poor in Ukraine, looking at the amount of expiation in Ukraine. Was it mandatory for him to look at what the amount of expiation is in Europe, or is it enough to look at the amount in the country to which he sends it?
Answer:
Wa Alaykum as-Salam wa Rahmatullahi wa Barakatuhu,
1- The basis for the expiation of an oath is the saying of the Almighty:
لَا يُؤَاخِذُكُمُ اللهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الْأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْ كَذَلِكَ يُبَيِّنُ اللهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَشْكُرُونَ
"Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or their clothing or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for your oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful." (Al-Ma'idah [5]: 89)
Feeding ten needy people is one of the options mentioned in the verse: "So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families."
2- It is understood from the noble verse that the number ten is binding; meaning, it is necessary to feed ten needy people. It is not valid, for example, to feed one needy person ten times. We have clarified this in a previous answer to a question on 29/04/2022 CE, which stated the following:
[... The opinion I prefer is that if the text mentions a specific number of needy people, such as: "So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or their clothing," or "And he who is unable [to fast] - then the feeding of sixty needy persons," then in this case, the mentioned number (ten, sixty) must be adhered to, whether the giving is in kind or in value. This is because the number is intended and is a necessary restriction. However, if the text requests giving to the needy without mentioning a number, it is permissible to give to one needy person due to the absence of the numerical restriction, and it is permissible to give to more than one. This is like the saying of the Almighty regarding Zakah:
إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْمَعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللهِ وَابْنِ السَّبِيلِ فَرِيضَةً مِنَ اللهِ وَاللهُ عَلِيمٌ حَكِيمٌ
"Zakah expenditures are only for the poor and for the needy and for those employed to collect [zakah] and for those whose hearts are to be reconciled and for freeing captives and for those in debt and for the cause of Allah and for the [stranded] traveler - an obligation [imposed] by Allah. And Allah is Knowing and Wise." (At-Tawbah [9]: 60)
So, the person paying Zakah may give his Zakah to one needy person or may divide it among many needy people, because no specific number was mentioned in the verse; rather, the term "the needy" (al-Masakin) was mentioned without a number... but he must take into account that they deserve Zakah by the description of poverty...].
3- Accordingly, the completion of the expiation requires feeding ten needy people from the average food. This means that the needy person who suffices for the expiation is the one who is able to eat average food. As for the breastfeeding infant, I do not prefer his inclusion in this concept. Therefore, he is not counted among the needy people who are fed in the expiation for an oath. If a man sends food to a needy family consisting of ten members, among whom is a breastfeeding infant, then this expiation is incomplete; it is the feeding of nine, not ten, because the infant does not fall under the concept of those who are fed (it’am). This is what I prefer, and it is most reassuring to the soul. Therefore, he must complete it by feeding another needy person in addition to those he fed until the expiation reaches ten needy people. This is in contrast to the child who eats food, such as the discerning child (al-sabi al-mumayyiz) and the like; these suffice for the expiation. If there were children like these in the needy family, the expiation is valid by feeding them because they fall under the concept of those who are fed.
4- The jurists (Fuqaha) differed in determining the amount of food for each needy person in the expiation of an oath, and in the type of food from which the expiation is made... etc. I will quote something regarding this matter from the Kuwaiti Encyclopedia of Fiqh:
[... "Secondly: In terms of quantity"
- The Malikis, Shafi'is, and Hanbalis held that it is stipulated that each needy person be given one mudd from the predominant staple food of the country, and it is not permissible to give the value of the food based on the text of the verse: "So its expiation is the feeding of ten needy people." It is stipulated not to decrease the portions; so, it is not permissible to give twenty needy people ten mudds with half a mudd for each one unless he completes what was lacking for ten of them. It is also stipulated that the feeding be for ten, so combining (talfiq) is not valid; if he feeds five and clothes five, it does not suffice. It is also stipulated that he gives the mudd to each one of the ten by way of transfer of ownership (tamlik). According to the Malikis, repeated giving to one person does not suffice; if he feeds one person ten mudds over ten days, it does not suffice him. The Hanafis held that it is stipulated that each needy person be given two mudds, i.e., half a sa’ of wheat or a sa’ of dates or barley, or the value of that in cash or commercial goods, because the purpose is to fulfill the need, and that can be achieved through the value.
As for the amount of "permissible food" according to them: it is two satiating meals; meaning, it is stipulated that he gives each needy person lunch and dinner. Likewise, if he gives them dinner and suhoor, or two lunches, and the like, because they are two intended meals.
However, if he gives lunch to one person and dinner to another, it is not valid, because he would have divided the food of ten among twenty, which is not valid.
Likewise, they stipulate that he does not give the entire expiation to one needy person on one day all at once or spread over ten times. But if he feeds one needy person for ten days, lunch and dinner, or gives one needy person half a sa’ every day for ten days, it is permissible because the renewal of the need every day makes him like another needy person, so it is as if he spent the value on ten needy people.
"Thirdly: In terms of type"
- The Hanafis held that what suffices in feeding is wheat, barley, or dates. The flour of each one is like its origin in measure; i.e., half a sa’ in wheat flour and a sa’ in barley flour. It was said: what is considered in flour is the value, not the measure. It is permissible to give the value from other than these types. The Malikis held that the feeding should be from wheat if they consume it as a staple; so, other than it like barley, corn, or others does not suffice. If they consume other than wheat as a staple, then what equals it in satiation, not measure, [is given]. The Shafi'is held that the feeding should be from grains and fruits upon which Zakah is obligatory because bodies are sustained by them, and it is stipulated that it be from the predominant staple food of the country. The Hanbalis held the condition that the feeding be from wheat, barley, their flour, dates, and raisins, and nothing else suffices even if it were the staple food of his country unless those staple foods are unavailable.] End quote.
5- What I prefer is that if the feeding of the ten needy people occurs, it should be two meals to fulfill the meaning of the verse: "So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families." Feeding the family is twice a day for it to be considered "feeding"; such as lunch and dinner, otherwise, he would not have completed the feeding of his family. Likewise, regarding the needy in the expiation, he must feed them twice a day until the expiation is complete. If he settles for lunch without dinner or dinner without lunch, it does not suffice. Also, the Sharia has made food in Ramadan two meals: the suhoor meal and the iftar meal; so the completion of feeding is by them or their like.
6- As for your question: (The person resides in Europe and gave the expiation for an oath to the poor in Ukraine and looked at the amount of expiation in Ukraine. Was it mandatory for him to look at what the amount of expiation is in Europe, or is it enough to look at the amount in the country to which he sends it?), the answer to that is what I am comfortable with is that the output should be according to the average food in the country where the person giving the expiation is located. This is because the noble verse says: "So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families." This suggests that the feeding should be according to the place where the person is located, because the requirement is for him to feed ten needy people from the average of what he feeds his family... If he feeds, for example, in Ukraine with ten dollars, this might be sufficient to feed ten needy people there, but it is not enough to feed ten needy people according to the situation in Europe; rather, he must, for example, feed with one hundred dollars to have fed from the average of what he feeds his family... Therefore, I see that it is better and more cautious to give out the equivalent of feeding ten needy people in the country where he resides.
This is what I prefer, and Allah is Most Knowing and Most Wise.
Your brother, Ata bin Khalil Abu al-Rashtah
01 Dhu al-Hijjah 1444 AH Corresponding to 19/06/2023 CE
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