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Fatwa CenterThe clothing due in oath expiation
Question
I want to clothe ten needy people as expiation for an oath. May I take ten garments and give them to a child protection center, which will undertake to distribute them? Are trousers valid as clothes in such a case?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
Offering clothing is one of the options granted by Sharee‘ah for oath expiation. Allaah The Almighty Says (what means): {So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] – then a fast of three days [is required].} [Quran 5:89] So, it is permissible for you to take ten items of clothing and give them to reliable associations or individuals so that they take charge of distributing them among the poor and needy, with each person being given one piece of apparel. A man should be given apparel that is appropriate to be worn during the prayer, and a woman should be given apparel that covers her entire body. The trousers here are not enough, according to the majority of scholars apart from the Shaafi‘i scholars, for they are not usually regarded as complete pieces of apparel.
Al-Mawsoo‘ah Al-Fiqhiyyah Al-Kuwaytiyyah (The Kuwaiti Fiqh Encyclopedia) states that: "(The clothing) includes all that which covers the whole body, such as a wrap, Jubbah, shirt, and Qabaa’ (i.e. outer garment), not trousers, for a person who wears them alone is described as undressed, nor a turban or cap. The Shaafi‘i scholars held the view that the clothing required for oath expiation is that which is called clothing and commonly worn, such as a shirt, turban, lower or upper garment, pallium, headgear, Jubbah, Qabaa’, or woolen outer garment, not shoes, gloves, heeled footwear or caps. So, it is permissible, according to them, to give trousers, even if they are small, to a person for whom they are not suitable."
Also, it is permissible, according to Hanafi scholars, to give trousers, if their value is equivalent to that of the expiation, since they held that paying the value of the expiation is permissible. The Muslim, however, should err on the side of caution and give what is sufficient for freeing the liability according to all of the opinions.
Allaah Knows best.
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