What is the ruling on fasting the three expiatory days separately rather than consecutively for a broken oath? A man is required to make expiation for breaking an oath, but is unable to perform the prescribed acts of feeding or clothing the poor due to lack of means. He wishes to fast three days instead. Is it permissible for him to fast these days non-consecutively?

It is permissible for one who is unable to feed or clothe ten poor persons in expiation for breaking an oath to fast three days instead, whether consecutively or otherwise.

 What is required of a person who breaks an oath

It is established in Islamic law that whoever breaks an oath must make expiation. Based on the established practice in our time, after the abolition of slavery and consequently the impossibility of manumission, the expiation consists of either feeding or clothing ten poor persons. If unable, one must fast three days instead. This is based on the words of Allah Almighty, “Allah will not take you to task for what is unintentional in your oaths, but He will take you to task for the oaths you bind. The expiation for it is feeding ten poor persons from the average of what you feed your families, or clothing them, or freeing a slave. But whoever cannot find (the means) must fast three days. That is the expiation for your oaths when you have sworn”
(Quran, 5:89). Imam Ibn Qudamah stated in Al-Mughni (9:54),
“If he cannot feed, clothe, or free a slave, he may then fast three days … there is no disagreement on this point.”

 

Fasting the three days of oath expiation non-consecutively

Fasting the three days of expiation consecutively fulfills the expiation according to scholarly agreement. Several scholars have transmitted consensus on this point. According to the Maliki school, the dominant opinion of the Shafi’i school, and a narration from Imam Ahmad, fasting the three days of expiation on non-consecutive days fulfills the obligation, as consecutiveness is not a prerequisite. The scriptural basis for this is the unrestricted verse, “…then a fast of three days” (Quran, 2:196). The legal principle states that if a Quranic command is expressed in unrestricted terms, it must be construed in an unrestricted sense unless evidence arises to restrict it, as stated in Al-Baḥr Al-Muhiṭ (Al-Zarkashi, vol. 5, 8). Likewise, since consecutiveness is an attribute that is only required by explicit text or analogy to an established text, and both are absent in the case at hand, it is not obligatory, as noted in Ahkam Al-Quran (Ibn al-‘Arabi, vol. 2, 162).

 

The ruling

Based on the above, a person who is unable to feed or clothe ten poor persons as expiation for a broken oath may fast three days instead, either consecutively or spread out on separate days. There is no sin or blame for doing so.
 

And Allah the Almighty knows best.