Fatwa ID: 06517
Answered by: Maulana Burhaan Rahman
Question:
If someone was in the habit of doing a makruh tanzihi action because it was easier for them, and then made a firm intention of never doing it again because they knew it was disliked and said ‘O Allah I will leave this action’ -but they did not swear an oath- if that person later found themselves returning to the makruh action because it was too hard on them to abstain, are they in the position of having broken a promise made to Allah?
In this case, how does one repent for breaking this promise to Allah? Would it be enough to intend to never break a promise in the future, or will their repentance never be accepted until they keep their original promise about leaving the makruh tanzihi action? Will they be sinful every time they do that makruh action in the future?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Firstly we must understand that persistence on Makrooh Tanzeehi will become a sin. Allah knows how much/to what extent etc. and obviously staying away from it whenever possible will remove doubt of punishment.
It mentions in Rad Al-Muhtaar
(قوله فإلى الحل أقرب) بمعنى أنه لا يعاقب فاعله أصلا
[It is completely detested in Sharee’ah without the threat of punishment for the perpetrator]. It is closer to the legal (mubah) than it is to the illegal (haram). But one who persists in it shall be sinful. [Rad Al-Muhtar Vol 2 page 337]
When one makes a promise with Allah SWT he is making an oath (yameen/Ahd in Arabic)
Allah SWT mentions in the Qur’an:
وَمِنۡهُمۡ مَّنۡ عَاهَدَ اللّٰهَ لَـئِنۡ اٰتٰٮنَا مِنۡ فَضۡلِهٖ لَـنَصَّدَّقَنَّ وَلَنَكُوۡنَنَّ مِنَ الصّٰلِحِيۡ
“And of them are some who made a covenant with Allaah (saying): ‘If He bestowed on us of His Bounty, we will verily, give Sadaqah (Zakaah and voluntary charity in Allaah’s Cause) and will be certainly among those who are righteous’”
Now breaking an oath is Haram and the expiation of it is mentioned in Surah Ma’idah verse 89:
لَا يُؤَاخِذُكُمُ اللّٰهُ بِاللَّغۡوِ فِىۡۤ اَيۡمَانِكُمۡ وَلٰـكِنۡ يُّؤَاخِذُكُمۡ بِمَا عَقَّدْتُّمُ الۡاَيۡمَانَ ۚ فَكَفَّارَتُهٗۤ اِطۡعَامُ عَشَرَةِ مَسٰكِيۡنَ مِنۡ اَوۡسَطِ مَا تُطۡعِمُوۡنَ اَهۡلِيۡكُمۡ اَوۡ كِسۡوَتُهُمۡ اَوۡ تَحۡرِيۡرُ رَقَبَةٍ ؕ فَمَنۡ لَّمۡ يَجِدۡ فَصِيَامُ ثَلٰثَةِ اَيَّامٍ ؕ ذٰ لِكَ كَفَّارَةُ اَيۡمَانِكُمۡ اِذَا حَلَفۡتُمۡ ؕ وَاحۡفَظُوۡۤا اَيۡمَانَكُمۡ ؕ كَذٰلِكَ يُبَيِّنُ اللّٰهُ لَـكُمۡ اٰيٰتِهٖ لَعَلَّكُمۡ تَشۡكُرُوۡنَ
Allah does not take you to task for the oaths you utter vainly, but He will certainly take you to task for the oaths you have sworn in with faith. The expiation (for breaking such oaths) is either to feed ten needy persons with more or less the same food as you are wont to give to your families, or to clothe them, or to set free from bondage the neck of one man, and he who does not find the means shall fast for three days. This shall be the expiation for your oaths whenever you have sworn (and broken them.) But do keep your oaths. Thus does Allah make clear to you His commandments; maybe you will be grateful.
So it goes to show that taking sincere oaths (with a sound mind and not unwillingly etc.) is very serious and should not be taken lightly. So if one makes an oath with Allah and doesn’t act upon it, he has broken that oath and must give expiation.
Only Allah knows best.
Written by Maulana Burhaan Rahman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
