Question:
What is the expiation for he who swears an oath erroneously by ‘Amaanah’ (a vow) or by the Ka’bah?
Answer:
رَبَّنَا لَا تُؤَاخِذْنَآ إِن نَّسِينَآ أَوْ أَخْطَأْنَاۚ
Our Lord! Punish us not if we forget or fall into error
[Al-Baqarah 2:286]
If it was done erroneously there is no (penalty) upon him and if it was done intentionally the expiation is repentance.
The expiation for swearing an oath by the Ka’bah or by a ‘amaanah’ is to repent because it is haraam.
مَنْ كَانَ حَالِفًا فَلْيَحْلِفْ بِاللَّهِ أَوْ لِيَصْمُتْ
He who must swear an oath must swear an oath by Allah or remain silent
[Narrated by Abdu Allah ibn ‘Umar in Bukhari: 2679 and Muslim:1646]
If done intentionally, he must repent; this is the expiation. He is not obliged to fulfill ‘kafaarat alyameen’ (the expiation for swearing an oath) except if he swears an oath by one of the names or attributes of Allah.
The scholars have differed upon the expiation for swearing an oath by the Prophet ﷺ whilst agreeing that it is haraam to swear an oath by him ﷺ. The correct view is that there is no expiation except repentance.
It is not permissible to swear an oath by anything other than Allah, whether it is a Prophet or the Ka’bah or anything else; so a person must not do so.
Whoever does so intentionally must repent.
Answered by: Shaykh Abu Bilaal Al-Hadhramy – may Allah preserve him
Source: https://t.me/abubilalhami/2930
Answered on: 5th Rabbi’ Al-Awal 1441 (2nd November 2019)
Translated by: Abu Sufian Saami ibn Daniel Al-Ghaani