Vowing to spend his inheritance from his wife on her behalf but needing the money after remarrying
Q: I had a wife who was sick then died three years after our marriage. She inherited a share in her father's estate. Part of the estate was some buildings, shops and the like, which the father willed that they should not be distributed among his children, but their revenues should be annually distributed among all the inheritors according to the Shari`ah. As for the lands she left behind, he willed that they should be distributed among them. When my wife died, I inherited half of her share in the lands or in the annual revenues of the buildings, the shops and the like. The problem is that
after her death I vowed to give all her share of inheritance in charity to be a recurrent charity for my wife.
Afterwards, I decided to remarry. So I spent the revenues a year after my wife's death intending to collect more money and add it to what comes from the inheritance because I was getting ready for marriage and this, as you know, requires money and so. (Part No. 23; Page No. 266) My question is: Is my vow valid; consequently I have to continue giving the annual revenues in charity along with the first year's revenues which I did not give in charity. Or it is invalid and it will be lawful for me to spend the money that I receive?
A:
If the reality is as you have mentioned, and you own the money you received, your vow will be valid and you have to fulfill it according to the Hadith that is authentically reported from
`Aishah (may Allah be pleased with her) that Allah's Messenger said,
Whoever vows that he will be obedient to Allah, should remain obedient to Him; and whoever made a vow that he will disobey Allah, should not disobey Him.
Related by
Al-Bukhari.
However, if you do not own the money you mentioned, your vow will not be valid and you do not have to fulfill it according to the Hadith that is authentically reported from the Prophet (peace be upon him) in which he said,
There is no fulfillment of a vow which involves disobedience to Allah, or with regard to a thing the son of Adam does not own.
Related by
Abu Dawud with Isnad (chain of narrators) that conforms to the condition of
Al-Bukhari and
Muslim.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.