قَد فَرَضَ اللَّهُ لَكُم تَحِلَّةَ أَيمانِكُم ۚ وَاللَّهُ مَولاكُم ۖ وَهُوَ العَليمُ الحَكيمُ

Allah has certainly made lawful for you the dissolution of your oaths, and Allah is your master, and He is the all-knowing, the all-wise.

EXEGESIS

Faraḍa (made lawful) literally means to cut something hard, like iron, and divide it into portions. It is then utilised for issuing a clear-cut ruling on some matter: a surah which We have sent down, and prescribed it (faraḍnāhā) (24:1). According to Rāghib, whenever faraḍa is accompanied by the preposition ʿalā, it takes on the meaning of making something obligatory, such as, Most surely He who has made the Quran binding on you (faraḍa ʿalayka) (28:85); whereas when it is accompanied by the preposition li/la, it takes on the meaning of ‘not to limit oneself from it’, such as in the verse, There is no blame on the Prophet in respect of that which Allah has made lawful for him (faraḍa allāhu lahu) (33:38).^{‎[1]Raghib, p. 630.}

Finally, we should also note the purposeful use of the word taḥillah. As mentioned earlier, the root of the word means to undo a knot. Here, it means that the Prophet should free himself from the undue constriction of the oath he placed on himself. The same root was used in the first verse in the meaning of made lawful (aḥalla), and is here used for dissolution of an oath. Together with the word faraḍa, it acts as a clever double emphasis regarding the permissibility of expiating an oath.

EXPOSITION

God announces here that breaking oaths is not something that is completely forbidden, as sometimes new needs may arise or the situation may call for it. This verse is stating that the better course of action here is to expiate his oath and return to that which God had permitted. Since the plural form lakum is being used in the verse, it is clear that the advice is a general one, and not a special dispensation permitted to the Prophet or restricted simply to this case.

The expression Allah has certainly made lawful for you the dissolution of your oaths in the past tense tells us that a verse had already been revealed about the matter in the Quran, namely: Allah shall not take you to task for what is frivolous in your oaths; but He shall take you to task for what you pledge in earnest. The atonement for it is to feed ten needy persons with the average food you give to your families, or their clothing, or the freeing of a slave. He who cannot afford [any of these] shall fast for three days. That is the atonement for your oaths when you vow (5:89).

As to which one of the three listed options was exactly the expiation (kaffārah) that the Prophet chose, the scholars are generally of the opinion that he freed a slave.^{‎[2]Qurtubi, 18/183; Nemuneh, 24/274. Although some have argued that he did not take an oath and therefore paid no expiation. They argue that this verse is simply general advice to the believers (Alusi, 14/343).}

Since some might balk at the thought of breaking oaths, God then emphasises that He is your master. The right of commanding us and the role of lawgiver is His. Similarly, the verse ends with the reminder, He is the all-knowing, the all-wise, stressing that God knows better than us what is right and what is wrong, and how we should conduct ourselves.

INSIGHTS FROM HADITH

1. Muhammad ibn Qays narrates from Imam al-Bāqir (a): ‘Abū Jaʿfar said: “God – exalted and glorious – told His Prophet (s): O Prophet! Why do you prohibit what Allah has made lawful for you, and Allah has certainly made lawful for you the dissolution of your oaths. So [God] took [the decision of the Prophet] as an oath and the Messenger of God (s) paid expiation for it.” I said: “What did he pay as expiation?” He said: “He fed ten poor persons, giving each a portion (mudd).”^{‎[3]One mudd of food is approximately 750 grams.} We said: “What is the minimum for clothing someone?” He said: “A dress with which he can cover his nakedness (ʿawrah).”’^{‎[4]Kafi, 7/452; also Istibsar, 4/51; Tahdhib, 8/295.}

Note: This narration confirms what we mentioned earlier (that the Prophet swore an oath) and it also mentions that he then expiated by feeding ten poor people. According to some other reports, he freed a slave. The final portion of the hadith talks about the third option for expiation, which is to clothe poor people.

REVIEW OF TAFSĪR LITERATURE

The exegetes and jurists have discussed the legal consequences of someone swearing an oath to prohibit his wife to himself. Abū Ḥanīfah was apparently of the opinion that the consequence of that oath will depend on the intention of the person saying it. In other words, if he for example intended divorce, it would be considered a divorce.^{‎[5]Zamakhshari, 4/564.} It is attributed to Ibn Abbas that he was of the opinion that the consequence is that he must expiate the oath.^{‎[6]Muslim, 4/184.} Al-Shāfiʿī apparently did not consider it an oath, but if this oath was done about wives, the person should pay an expiation.^{‎[7]Zamakhshari, 4/564.} Mālik apparently considered that to equate a triple divorce.^{‎[8]Tabrisi, 10/473.} Zamakhsharī also lists some other opinions.^{‎[9]Zamakhshari, 4/564-565.} Qurṭubī mentions that over eighteen opinions exist regarding this matter, and concludes that there is no clear evidence in the sources that can be considered authentic regarding the ruling in this matter.^{‎[10] Qurtubi, 18/180-183.} Ṭabrisī says that according to the Shia scholars of his time such an oath carries no consequence, meaning it is not a divorce, nor does it require expiation. He then explains that the Prophet had to pay expiation because he swore not to approach Māriyah, or not to drink the honeyed drink.^{‎[11] Tabrisi, 10/473.}

Finally, we may mention that Zamakhsharī and Rāzī both quote Hasan al-Baṣrī’s opinion that the Prophet did not need to pay any expiation for his oath, because, Hasan al-Baṣrī argues, the Prophet had been forgiven what is past of his sin and what is to come (48:2).^{‎[12] Zamakhshari, 4/565; Razi, 30/570.} Not only is this a confusing position – because why then would God bring up the matter of expiation for oaths – but this position should be rejected because it is a misunderstanding of what is meant by the second verse of Sūrat al-Fatḥ, as well as implying that the Prophet had committed some sort of sin by swearing an oath.

INSIGHTS FROM OTHER TRADITIONS

1. When thou shalt vow a vow unto the LORD thy God, thou shalt not slack to pay it: for the LORD thy God will surely require it of thee; and it would be sin in thee. But if thou shalt forbear to vow, it shall be no sin in thee. That which is gone out of thy lips thou shalt keep and perform; even a freewill offering, according as thou hast vowed unto the LORD thy God, which thou hast promised with thy mouth.^{‎[13] Deuteronomy 23:21-23.}
2. When thou vowest a vow unto God, defer not to pay it; for he hath no pleasure in fools: pay that which thou hast vowed. Better is it that thou shouldest not vow, than that thou shouldest vow and not pay.^{‎[14] Ecclesiastes 5:4-5.}

[1] Raghib, p. 630.
[2] Qurtubi, 18/183; Nemuneh, 24/274. Although some have argued that he did not take an oath and therefore paid no expiation. They argue that this verse is simply general advice to the believers (Alusi, 14/343).
[3] One mudd of food is approximately 750 grams.
[4] Kafi, 7/452; also Istibsar, 4/51; Tahdhib, 8/295.
[5] Zamakhshari, 4/564.
[6] Muslim, 4/184.
[7] Zamakhshari, 4/564.
[8] Tabrisi, 10/473.
[9] Zamakhshari, 4/564-565.
[10] Qurtubi, 18/180-183.
[11] Tabrisi, 10/473.
[12] Zamakhshari, 4/565; Razi, 30/570.
[13] Deuteronomy 23:21-23.
[14] Ecclesiastes 5:4-5.