[Q 717] Child’s Oath on Shaving Head

Question

A child comes into class with his head completely shaved. Another child begins laughing at him because of his appearance. In response, the child with the shaved head becomes says, “Qasmey, I’m going to shave your head.”

In this situation, the child who made the oath is bāligh (has reached the age of puberty). However, the child against whom the oath was made is not bāligh (has not yet reached the age of puberty).

what should be done in such a situation?

بسم الله الرحمن الرحيم
الجواب بعون الملك الوهاب اللهم هداية الحق والصواب

Answer

An oath taken to do or not to do something in the future becomes binding. For the words of an oath, it is not necessary to specifically mention the name of Allah; rather, all those words which are understood in common usage to constitute an oath make the oath binding. Furthermore, without mentioning anything else, merely saying “Qasam hai” (it is an oath) also constitutes an oath; this is well-known in society. Therefore, in the situation mentioned in the question, the oath has become binding.

Now, if he shaves the head of the other student with the permission of their parents, the oath will be fulfilled, and no kaffarah (expiation) will be necessary. As for the breaking of the oath, since no specific time was set in the oath, and the manner of conversation does not prove its immediate fulfillment, in such a situation, the Shari’ah ruling is that the oath will not break as long as both individuals are alive, even if the student who took the oath has not shaved the head of the other student. And at whatever stage of life he shaves the head of the other student, the oath will be fulfilled. In this case, the oath will only break upon the death of one of them.

In Fatawa al-Hindiyyah:

منعقدۃ و ھو أن یحلف علی امر فی المستقبل أن یفعلہ أو لا یفعلہ و حکمہ لزوم الکفارۃ عند الحنث

(Al-Fatawa al-Hindiyyah, vol. 2, p. 57)

It is mention Fatawa al-Hindiyyah:

وكذا لو قال: عليه يمين، أو يمين الله، أو قال: لعمر الله أو قال عليه نذر أو قال عليه نذر الله أن لا يفعل كذا، ويكون يمينا كذا في فتاوى قاضي خان.

(Al-Fatawa al-Hindiyyah, vol. 2, p. 53)

Bahare Shariat states:

An oath also becomes binding with these words: “I swear,” “I take an oath,” “I bear witness,” “Allah is my witness,” “I say by making Allah my witness,” “An oath is upon me.”

(Bahare Shariat, vol. 2, part 9)

Bahare Shariat states:

If no specific time was set in the oath and it is not understood from circumstantial evidence that it should be done or not done immediately, then it is called ‘mursal’ (unrestricted/unspecified). If one swore an oath to do something and did not do it, for example, swore an oath to hit a certain person and did not hit them until one of the two died, then the oath is broken. And as long as both are alive, even if he did not hit them, the oath is not broken. And if one swore an oath not to do something, then as long as he does not do it, the oath will not break. For example, if he swore an oath not to hit a certain person and he hit them, then it is broken, otherwise not.

(Bahare Shariat, part 9)

Answered by: Mubashir Attari (AskMufti Scholar)
Verified by: Mufti Sajid Attari
Translated answer
Date: 7th September 2026