When fasting for kafaarat al-yameen (expiation for breaking an oath), do the three days have to be consecutive?.
Praise be to Allaah.
When fasting for kafaarat
al-yameen, the three days do not have to be consecutive. If you fast them
separately, that is sufficient, because of the general meaning of the verse
in which Allaah says (interpretation of the meaning):
“Allaah will not punish you for what is unintentional in
your oaths, but He will punish you for your deliberate oaths; for its
expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale
of the average of that with which you feed your own families, or clothe them
or manumit a slave. But whosoever cannot afford (that), then he should fast
for three days…”
[al-Maa’idah 5:89]
Allaah did not stipulate that they must be consecutive.
Ibn Hazm said in al-Muhalla (6/345):
It is sufficient to fast the three days separately, if one
wishes – which is the view of Maalik and al-Shaafa’i – because Allaah did
not stipulate whether they should be consecutive or separate. So however a
person fasts them is sufficient.
And it says in Fataawa al-Lajnah al-Daa’imah (23/22):
It is better if the fasts for kafaarat al-yameen are done
consecutively, but if they are not, then there is nothing wrong with that.
See al-Insaaf, 11/42 ,
Al-Mughni, 10/15 ,
Al-Mudawwanah, 1/280.
