Swearing to forgo one’s right to payment

Question

Question: Zayd makes an agreement with Umar for a large piece of work. Umar keeps working at his instruction, but after part of the work is done Zayd terminates the agreement; Umar has no part in this termination. Umar says: “Pay me the remuneration for the work I have already done.” Although Zayd admits that the agreement was terminated from his side and that the remuneration is obligatory (wajib), he resorts to all kinds of tricks and excuses in paying it. Umar, worn out, says under oath: “I will forgo my right.

Answer

On the basis of this oath Zayd does not even have the right to withhold what is due from him to Umar by virtue of the promise and the agreement, let alone take back what he had paid before the oath. Umar has the right to recover from Zayd what is due to be paid, but in this case expiation will be obligatory (wajib) upon him because of the oath.

Source: Fatawa Mahmudiyya

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