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Breaking an oath out of necessity

Question

Question: Zayd, who is a religious and respected man in a small town and who was also the chairman of the town council for a long time, swore under some compulsion: “In future I will not stand for the chairman’s seat” (آئندہ چیئر مین سیٹ کے لئے کھڑا نہیں ہونگا). But later the people (‘awam) pressed him, (saying) that while you are there, no other person of the town will take this seat and serve the public.

Answer

The mere wishes of the people must by no means be followed. However, if there truly is a firm hope that by taking up this post he will serve properly, and that if he does not stand, an unfit person will come in and violate people’s rights, causing distress to the wronged, then he should act contrary to his oath and afterwards pay the kaffara for the oath.

Source: Fatawa Mahmudiyya

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