Is expiation incumbent upon one who swore, "By Allah, I will not move it, and if I do move it, then for every hand with which I move it, a full week of fasting is incumbent upon me," and then proceeded to move the object with his foot, not his hand?
If a person swears an oath to another concerning a matter, the intention and purpose of the oath revert to the one who requested the oath (the mustahlif), based on the Prophet's (peace be upon him) saying: "Your oath is according to what your companion believes you to be truthful about." Based on this, there is no consideration for mentioning the hand in the oath, for the oath is based on the intention of the one who requested it. The brother's statement: "If I move it, then for every 'hand' I move it with, I owe a full week of fasting" falls under the category of a vow of obstinacy ( al-lajaj), which does not necessitate fulfillment. He is only required to offer an expiation for an oath (kaffarat ) if the sworn-upon act occurs, in addition to an expiation for the original oath, "By Allah, I will not move it." Thus, he owes two expiations.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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