Issue No. 2301- If a father forbids his son to take an oath, or the husband forbids his wife to take an oath, their oath is not valid. Even if a son takes an oath without the permission of his father, or a wife takes an oath without the permission of her husband, their oath will not be in order.
Issue No. 2302- If a person does not act upon his oath intentionally, he should give kaffāra for it, which means he should feed ten indigent persons to their fill or should provide them with clothes, or should set a slave free (One is able to choose between either of the two first options, acknowledging that slaves no longer exist). And if he is not able to perform these acts, he should fast for three days.
Issue No. 2303- If a person does not act upon his oath on account of forgetfulness, helplessness or is forced not to act upon his oath, he is not liable for kaffāra. And if an obsessive person takes an oath like, if he says,” By Allah, I am going to offer prayers now,” and then does not offer prayers owing to the whims haunting him, which renders him incapable of acting according to the oath, and if his obsession is in such a way that he does not act according to his oath involuntarily, it is not necessary for him to give kaffāra.
Issue No. 2303- If a person does not act upon his oath on account of forgetfulness, helplessness or is forced not to act upon his oath, he is not liable for kaffāra. And if an obsessive person takes an oath like, if he says,” By Allah, I am going to offer prayers now,” and then does not offer prayers owing to the whims haunting him, which renders him incapable of acting according to the oath, and if his obsession is in such a way that he does not act according to his oath involuntarily, it is not necessary for him to give kaffāra.
Issue No. 2304- If a person swears that he is telling the truth, such an oath is disliked if what he says is true, and if it is a lie it is haram and of the major sins. However, if he is forced to swear in order to save himself or another Muslim from the mischief of an oppressor, there is no harm in it, and in fact, at times it becomes obligatory. This sort of oath which is meant to prove something is quite different from the oath which was discussed earlier and which was for the performance or abandonment of an act.
Issue No. 2304- If a person swears that he is telling the truth, such an oath is disliked if what he says is true, and if it is a lie it is haram and of the major sins. However, if he is forced to swear in order to save himself or another Muslim from the mischief of an oppressor, there is no harm in it, and in fact, at times it becomes obligatory. This sort of oath which is meant to prove something is quite different from the oath which was discussed earlier and which was for the performance or abandonment of an act.
Issue No. 2305- If a person makes something as a waqf, it ceases to be his property; neither he nor anybody else can gift or sell it to any person. Also, no one can inherit anything out of it. However, its selling, in certain circumstances, as mentioned in rule No. 1786, is permissible.
Issue No. 2306- The formula for endowment (waqf) can be uttered in Arabic or any language, for example, if a person says, “I have endowed my house for a certain purpose”, that will be sufficient and formal acceptance is not required, irrespective of whether it is for the public or for a particular group of people. However, the recommended precaution is that in the endowment for the general public, the Mujtahid or his representative, and in the endowment for a particular group of people, the people for whom the endowment has been made, utter the formula of acceptance.
Issue No. 2307- An endowment can also be established and proved through indication. That is, as soon as a person constructs a mosque with an intention of endowing it for Muslims and when he hands it over to them, that will be sufficient, though he may not utter the verbal formula.
Issue No. 2308- If a person specifies a property for endowment, but regrets or dies before uttering the formula or before placing it at the disposal of the devotees, the endowment does not take place.
Issue No. 2309- If a person endows a property, he should, as a recommended precaution, set the beginning of the endowment from the time he is uttering the formula, and not determine an end for the endowment. Therefore, if he says, "This property will stand endowed after my death" the endowment is not in order, or if he says, “This property remains endowed for ten years from now”, it is not in order either. But, one can endow a property forever, with the condition of the first few years’ worth of its benefits being at the disposal of the endower or another person and no one else being able to make use of it.
Issue No. 2310- An endowment will be valid when the property endowed is placed at the disposal of those for whom the property has been endowed, or their representative or legal guardian. However, in public endowments like mosques, schools, etc., surrendering them is not a precondition for the validity of the endowment, though the recommended precaution is that after uttering the formula, it should be placed at the disposal of those for whom the property has been endowed so that the endowment becomes complete.
