What is the meaning of the phrase "As for whoever swore an oath, thereby uttering the excommunicating formula, then broke it, expiation is incumbent upon him without dispute," and what is the meaning of the word "hanith"?
Investigation into an oath (yameen) reveals it to be a firm resolve to do or not do a future matter without restriction. Breaking an oath (hinth) is to go back on it. An oath is called yameen (literally, right hand) because people used to grasp right hands when making alliances, or due to its strength. Terminologically, an oath is the affirmation of a ruling by mentioning Allah's name or attribute. Oaths are of three types:
1. The Binding Oath (Al-Yameen Al-Muna'aqidah): This is an oath concerning a future matter, and it requires expiation (kaffarah) upon breaking it.
2. The Vain Oath (Yameen Al-Laghw): There is no expiation for this type, and it has various interpretations: Hanbalis, Ibn Taymiyyah, Ibn al-Qayyim, and Ibn Hazm: What is uttered without intention, or an oath taken while believing it to be true regarding the past, present, or future, but then it turns out to be otherwise. Shafi'is: What is uttered without intention, concerning the past, present, or future. Hanafis and Malikis: An oath taken based on one's belief, which then turns out to be false (concerning the past and present according to Hanafis, with expiation for the future; and for Malikis, expiation for the present and future). Al-Sha'bi and Masrooq: An oath concerning committing sins. Sa'eed ibn Jubair: An oath by which a person forbids upon himself what Allah has made lawful. The most preponderant opinion is the first one (that of the Hanbalis and those who agreed with them).
3. The Perjurious Oath (Al-Yameen Al-Ghamoos): This is a false oath about a past matter, taken with knowledge of its falsehood. It immerses its taker in sin. The majority of scholars hold that it does not require expiation but rather repentance and seeking forgiveness, while Al-Shafi'i and others believe expiation is obligatory.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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