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Question:
As salamu Alaikum, I have a question on the fiqh on the expiation of oaths.
I have made 2 oaths on forbidding to do something swearing by Allah’s Name. 1 of the oaths were that I swore “I would not eat chicken again”, and the 2nd was that “I wouldn’t drink anything anymore except for water because it is pure and would abstain from drinks, milk, tea etc”.
I have only sworn both oaths once, but have eaten chicken and have drunk other drinks many times after making these 2 oaths due to carelessness and being ignorant to the seriousness of making oaths in islam. I know that to pay expiation you have to feed 10 poor people, or to clothe them, or to fast for 3 days.
My question is how Do I go about paying the expiation because if I ate chicken 30 times after swearing that 1 oath and drank other drinks 30 times after swearing the 2nd oath. If I feed 20 people does that cover the whole of the 2 oaths or does the feeding of 10 people subtract 1 out of the 30 times that I broke each oath.
Just to Add because the reasons for making these oaths weren’t Serious, weren’t really Valid, does me forbidden to eat and drink what Allah has made Halal fall into “Making haram what Allah has made Halal”. If It does fall into this or if I want to start eating chicken or drinking other drinks again, How will I permanently expiate the Oaths? if that is allowed, Allah knows Best. Jazaakallaahu khayran.
 
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In principle, one should avoid swearing oaths in the name of Allah unnecessarily and frequently.[1]
One must remember that swearing an oath and undertaking a promise are two different actions.
An oath refers to taking the name of Allāh in reference to performing or refraining from a certain action in the future such as, “By Allah, I will offer recite 10 Juz of the Qur’ān today.”
In a promise, one undertakes to perform or refrain from an action in the future without taking the name of Allāh.[2]
Kaffārah (expiatory payment) is only binding by breaching an oath.  The Kaffārah is to feed ten needy individuals two meals or to provide ten needy individuals with clothing.  Alternatively, instead of feeding ten individuals two meals, one may give each one cash equivalent to the amount of Sadaqah al-Fitr. However, if one is not financially able to do any one of the above-mentioned, he/she may fast three consecutive days. 
Once a person breaks his oath, Kaffārah becomes binding.  A person thereafter is now permitted to do the action he swore he would not do.  Kaffārah will not become binding thereafter.[3]
Thus, in your scenario, you only have to give one kaffārah for breaking the oath with regards to eating chicken and one Kaffārah for drinking other drinks.  You do not have to give multiple Kaffārah for eating chicken thereafter or drinking drinks thereafter multiple times. 
And Allah Ta’ālā Knows Best
Mufti Faraz Adam al-Mahmudi,
www.darulfiqh.com
 
 

 


[1]  الْيَمِينُ بِاَللَّهِ تَعَالَى لَا تُكْرَهُ، وَلَكِنَّ تَقْلِيلَهُ أَوْلَى مِنْ تَكْثِيرِهِ، وَالْيَمِينُ بِغَيْرِ اللَّهِ مَكْرُوهَةٌ عِنْدَ الْبَعْضِ، وَعِنْدَ عَامَّةِ الْعُلَمَاءِ لَا تُكْرَهُ؛ لِأَنَّهُ يَحْصُلُ بِهَا الْوَثِيقَةُ فِي الْعُهُودِ خُصُوصًا فِي زَمَانِنَا كَذَا فِي الْكَافِي. (الهندية ج 2 ص 52 الرشيدية)

[2]  فتاوى محمودية ج 14 ص 53 إدارة الفاروق 

[3]   وَفِيهَا تَنْحَلُّ الْيَمِينُ إذَا وُجِدَ الشَّرْطُ مَرَّةً (رد المحتار ج 3 ص 352 أيج أيم سعيد)

Aap Ke Masa’il 5/534 Maktabah Ludhyaanwi

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