Heavenly Jewels

knowledge but in reality the Qasam was wrong, e.g. she thought that a certain individual had not come and swears an oath on it also but he had come, in reality. There is no Kafaarah in thi s also. Munaqida is when an oath i s sworn for the future. Tfthis kind ofQasam is broken then Kafaarah will have to be given and in some cases the person will become a sinner. (General Books) Rule- The Kafaarah ofbreaking an oath is either to free a slave, feed ten destitute people or clothe them. Meaning there is a choice to complete any ofthe three but i fthe person who broke the qasam is unable to do any ofthem, then three successive fasts should be kept . (Genera! Books) Rllle- While keeping these fasts, i f a woman experiences Haiz then the prior fasts will bear no weight, meaning, after becoming Paak she must keep three fasts in succession all over again. (Durre-Mukhtaar) Rllle- Kafaarah cannot be given before breaking the fast and if given it wil l not be done. Meaning after giving out Kafaarah, the Qasam was broken then Kafaarah must be given again. Whatever was given prior to the breaking of the Qasam i s not Kafaarah. However what has been given to a needy personcannot be taken back. (A lamghiri) Rule- Kafaarah can only be given to those needy people who can be given Zakaat, meaning, a person cannot give Kafaarah to those she cannot give Zakaat to e.g her parents, children e c. Similarly the amount of Kafaarah cannot be used in a masj id or for the kafn of a deceased, meaning, where ever Zakaat cannot be used, Kafaarah cannot be used there also. (Durre-Mukhtaar, AlamghiriJ Rule- The general usage of the meanings of words of Qasam will be taken into account. S imilarly popular understanding of these words and idioms are credible in associating a meaning to a Qasa;TI, (Alamghiri, Durre-Mukhtaar) Rule- If a person swore an oath to never eat and ate something which is not known as food "ccord�ng to Urf, e.g. she drank milk, ate a sweetmeat, then the Qasamwi l l not break. (Bahare-Shariat) 243

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