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Vowed to fast many days but her husband prevents her

Question

I vow to observe fast so frequently that the total number of days that I vowed to fast has reached 350 days. In fact, I do not like to make vows, but it is as if there is something that forces me to do so. I am married, and I fast without the knowledge of my husband because if he knows that I will fast, he will refuse to let me do. Should I continue to fast without his knowledge or offer expiation for every vow? For example, if I vowed to fast for forty days if Allah Almighty cured me from a certain illness and I was actually cured, should I then feed a needy person for every day or feed ten needy people for the vow as a whole?

Answer

All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

You should not have made such a vow without the permission of your husband. Some scholars view that this vow is prohibited because it leads to wasting the husband's right.

However, we believe that the preponderant opinion is the one that states that it is permissible for a woman to initiate a vow without the permission of her husband and that it is obligatory upon her to fulfill it.

Also, you should not fulfill your vow and fast without the permission of your husband because the vow is a deferrable obligation and the right of the husband is given precedence over it. An-Nawawi  may  Allaah  have  mercy  upon  him said in Sharh Muslim:

The reason of this prohibition (of such a vow) is that the husband has the right to have sexual contact with the wife at all times, and his right is an immediate obligation; thus, she must not waste it in return for doing a voluntary act of worship or a deferrable obligation.

Your husband is allowed to prevent you from fulfilling your vow because his right is given precedence. The following is stated in Al-Mawsoo‘ah Al-Fiqhiyyah:

If a woman takes a vow without the permission of her husband, then, by scholarly agreement, he can prevent her. If he gave her permission and the vow is bound by a specific time limit, then he may not prevent her, and if it is not due within a specific time, then, according to the Maaliki scholars, he may prevent her. The Shaafi‘i and Hanbali scholars have different opinions regarding the case in which she has already started fulfilling it, as some of them say that he is allowed to prevent her while others say that he is not.

In brief, you are committed to fulfill this vow. You have to fulfill it and offering expiation does not clear you of your liability as long as you are capable of fulfilling it because it was authentically narrated on the authority of 'Aa'ishah  may  Allaah  be  pleased  with  her that the Prophet, sallallaahu ‘alayhi wa sallam, said: “If one vows to obey Allaah Almighty, then he should obey Him.

You should either seek the permission of your husband to fulfill your vow or wait until you can fast due to his absence from the house or any other reason. If you are unable to fulfill your vow, then you should offer an expiation like that for breaking an oath due to the vow that you have made. The expiation is feeding ten needy people, clothing them, or freeing a slave, for every vow separately. If you are unable to do so, then you should fast three days for every vow. Along with the expiation, you are liable to offer a fidyah (expiation), which consists of feeding a needy person for every day that you are unable to fast.

We would like to draw your attention to the fact that a vow is only considered binding when it was explicitly pronounced and it is not considered binding by mere intention. We would also like to draw your attention to the fact that vows do not bring about good, as the Prophet, sallallaahu ‘alayhi wa sallam, informed us. Many people of knowledge view that vows, in general, are disliked, while others maintain that conditional vows, in particular, are disliked because they involve impoliteness with Allaah Almighty.

If you remember that, then it will be easy for you, Allaah willing, to stop making vows.

Allaah Knows best.

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