Waiving a debt with the intention of fulfilling a vow

13-8-2015 | IslamWeb

Question:

I vowed that if I got married, I would give five thousand Dirhams in charity. In the period of preparation for the marriage, I lent my husband six thousand Dirhams as his financial situation was very bad. Then, Allaah Almighty decreed that we got married. Can I consider the money that I lent him the fulfillment of the vow? Please answer me.

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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.

Waiving the debt in question in return for the vow does not fulfill the vow on your behalf and does not clear you of your liability. If you want to pay the vow to your husband whom you mentioned is needy, then you should receive the lent sum first and then give it to him. Ibn Qudaamah said in Al-Mughni:

"If one vowed to give a sum of money in charity and then absolved someone from paying off a debt of an equal sum with the intention of fulfilling the vow, then this does not free him from his liability, even if the borrower is eligible to receive charity. Ahmad said: "Doing this does not clear him of his liability unless he receives the lent money first. This is so because charity entails ownership of the given object, while in this case, it is just remission, not ownership; so it does not clear the vow-maker of his liability, just like in the case of Zakah."

If it was not possible to get back that sum, then it is obligatory upon you to fulfill your vow by giving five thousand Dirhams in charity to your husband or to anyone who is entitled to charity.

Allaah Knows best.