Donor’s Objective Must Be Fulfilled
Fatwa No: 409834

  • Fatwa Date:26-12-2019 - Rabee' Al-Aakhir 29, 1441
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Question

Assalam ualaikum I made an oath and then broke it.I have the money to feed or clothe 10 people but this money was given to me by my father for my expenses am i obliged to pay kaffarah from this money or should I fast three days ?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There are two possibilities with regard to the allowance that your father gave you:

1) That your father’s intent was that you do not spend that money except on your basic needs, such as food, drink and the like. In this case, it is not permissible for you to spend it on anything else.

It is reported in Asna Al-Mataalib, which is a book on Fiqh according to the Shaafi‘i school, about whoever donated a gift and conditioned that it should be spent in a particular way: "If a person gives another some money and tells him: ‘Buy a turban for yourself with it, or pay it to use the public bath house, and so forth, then it is obligatory to spend that money on what the giver had specified, in consideration of his objective. The giver’s intention might be (for the recipient) to cover his head with the turban or clean himself by going to the public bath house because he saw that the recipient’s head was bare or that he was unkempt and dirty." [End of Quote]

2) That your father gave you this money without specifying the way it should be spent, and in this case the recipient owns the money upon taking possession of it. Thereupon, it is permissible for him to pay the expiation from it.

Fasting to expiate for a broken oath does not clear a person’s liability if he has the money and can afford to feed (10 poor people) because Allah, The Exalted, Says (what means): {But whoever cannot find [or afford it] – then a fast of three days [is required].} [Quran 5:89]

For more benefit that the condition of the donor must be respected, please refer to Fatwa 394588

Allah Knows best.

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