Choosing between expiating for delaying making up for missed fasts and expiating for an oath
16-1-2014 | IslamWeb
Question:
What is the expiation for swearing a false oath? What should one do if he doubted whether he swore an oath and broke it or he never swore? If the expiation for delaying making up for the missed fasts of Ramadhaan and the expiation for breaking an oath become due simultaneously; which of them should be observed first?
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.
Swearing a false oath is a grave major sin and this oath is known as Al-Yameen Al-Ghamoos. It is too grave and serious to be expiated by any expiation. Therefore, no expiation is due according to the majority of Muslim scholars. Instead, one should turn to Allaah The Exalted in sincere repentance, feel remorseful, and seek His Forgiveness. Some scholars believed that the oath-taker in this case should offer expiation, which is more prudent.
As for harboring doubts whether one swore an oath or not or whether he broke his oath or not, it is not incumbent on him to do anything in this regard.
If the expiation for delaying making up for the missed fast-days of Ramadan and the expiation for breaking an oath become due and one cannot offer them both at the same time, he should give precedence to the expiation for breaking the oath because the evidence on its obligation is stronger. Allaah The Exalted Says about the expiation for breaking an oath (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]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allaah Make clear to you His verses that you may be grateful.} [Quran 5:89] As for the expiation for delaying making up for the missed fasts in Ramadan, the evidence of its obligation is a Hadeeth that was narrated on the authority of Abu Hurayrah and Ibn ‘Abbaas 
. There is also a weak Marfoo’ Hadeeth to this effect which is narrated by Ad-Daaraqutni 
and he said, “There are two weak narrators in its chain of narrators.”
Since the expiation that you are required to offer is not linked to an intended oath, but to a false oath and the majority of scholars believed that it is not obligatory (to expiate for false oaths) – as we have highlighted – then it is preferable to give precedence to the expiation for delaying making up for the missed fasts of Ramadan because the majority of scholars believe it is obligatory.
Allaah Knows best.