Sequence of Verses
Mentioned earlier was the taking of Halal things as unlawful. Since statements to this effect are sometimes sworn, therefore, the in-junction about taking of oaths follows in the present verse.
Commentary
Three Forms of Oaths and their Injunctions
1\. Some forms in which oaths are taken have been described in this verse. Some have appeared in Surah al-Baqarah as well (Ma` ariful-Qur’ ا an, Volume I, Verse 2:225, pages 562-563). The gist of all these is that false swearing about a past event knowingly is, in the terminology of Muslim jurists, Yamin Ghamus (disastrous oath) - for instance, if a person has done something, and he knows that he has done it, and then he knowingly swears that he has not done it. This is false swearing, a grave major sin the curse of which falls in the present life and in the life-to-come. But, there is no Kaffarah (expiation) necessary for it. Taubah (repentance) and Istighfar (seeking forgiveness from Allah) are, however, necessary. That is the reason why the Muslim jurists call it the disastrous oath. Ghamus literally means that which drowns. This kind of oath drowns man into sin and its curse, a disaster for one's present and future life.
2\. The second form is that someone declares on oath that a past event was true, as based on his knowledge, while it was actually false - for example, he learnt from someone that a certain person has come and trusting him, he declared on oath that the person has come, then, he came to know that this was contrary to what had actually happened. This is called Yamin Laghw لَغو (ineffectual oath), that which is not counted. Similarly, if a word denoting oath, such as ` by' or ` I swear,' comes to be said unintentionally, that too is known to be what is ` ineffectual oath.' It brings neither Kaffarah (expiation) nor sin.
3\. The third form of oath is that one declares on oath that he would or would not do something in the future. This is known as al-Yamin al-Mun'aqidah (Binding oath). The rule which governs it is that, in the event the oath is broken, Kaffarah (expiation) becomes necessary - and under some situations, it brings sin as well, while in some others, it does not.
At this place in the present verse of the Qur'an, ` Laghw' (ineffectual, not counted) obviously means the oath which brings no Kaffarah (expiation) - whether a sin, or not; because it has been mentioned in contrast with : عَقَّدتُمُ الاَیمَانَ (the oaths you have bound yourselves with). This tells us that the accountability (Mu'akhadhah) mentioned here is only the accountability in the present world which comes in the form of Kaffarah (expiation). Then, in Surah al-Baqarah, it is said: لَّا يُؤَاخِذُكُمُ اللَّـهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَـٰكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ (And Allah does not hold you accountable for what is not countable from among your oaths, but holds you accountable for what your hearts have designed - 2:225). Here, ` Laghw' (what is not countable) means an oath which slips out from one's tongue without intention or volition, or an oath one takes about something assuming it to be true while it turns out to be false actually. Then, mentioned in contrast, is the other oath in which an intentional lie has been told. This is known as Yamin Ghamus explained earlier. Therefore, as for Yamin Laghw, it brings no sin, according to this verse - instead, what brings sin is Yamin Ghamus where the lie is intentional. Thus, the sin mentioned in the verse from Surah al-Baqarah refers to the sin one shall incur in the Hereafter for disobeying the Divine injunction. And in the present verse of Surah al-Ma'idah, the injunction concerns present life of the world, where Kaffarah (expiation) is required. The outcome is that Allah does not hold you accountable for what is not countable in your oaths, that is, does not make it obligatory for you to make amends for them by paying Kaffarah (expiation). Instead, Kaffarah is made necessary against the particular oath which has been accomplished about doing or not doing something in the future - and then, it has been broken. After that, the details of how Kaffarah has to be given is described in the following words كَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ (89). Three options have been given here which one may choose at one's discretion: (a) feed ten poor persons two average meals, or (b) clothe ten poor persons (sufficient to give them proper cover, such as, a garment for the lower body and another for the upper), or (c) free a slave (if in possession).
Said immediately after is: فَمَن لَّمْ يَجِدْ فَصِيَامُ ثَلَاثَةِ أَيَّامٍ (And whoever finds none shall fast for three days). It means if some breaker of such an oath does not have the ability to bear the cost of this financial expiation (Kaffarah) that is, one who does not have the means to feed ten poor persons, or clothe them, or free a slave, then, his or her Kaffarah is to fast for three days. In some narrations, for the fasts mentioned at this place in the text, the command is said to be that of ‘three consecutive days.’ Therefore, according to Imam Abu Hanifah and some other Imams, it is necessary that the three fasts against the Kaffarah (expiation) of Oath should be consecutive.
In this verse, the first word used in connection with the Kaffarah of Oath is: "It` am" which, according to Arabic usage, could either mean ` feed' or ` give food' to someone. Therefore, as determined by the Fuqaha' (Muslim Jurists), may the mercy of Allah be upon them, the sense of the verse is that the person giving Kaffarah can choose either of the two options. He can invite ten poor persons and feed them; or, he can give the food in their possession (literally in milkiyat or ownership). But, in the first situation, it is necessary that he should feed ten poor persons two meals of the day to their fill and satisfaction from the average food he usually eats with his family at home. And in the second situation, he should give to each of the ten poor persons at the rate of one Fitrah per person, that is 1-3/4 kilograms of wheat, or its cost in cash. He can go by any one of the three he likes. But, fasting can be sufficient only when one does not have the ability to take any of the three options.
Paying Kaffarah, before Oath is Broken, is not Valid
Towards the end of the verse, the need to observe caution has been commanded about two things. The first one appears in: ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ (that is expiation for your oaths when you have sworn). According to Imam Abu Hanifah (رح) and other Imams, it means: When you give a sworn statement about doing or not doing something in the future - following which occurs its violation - then, its Kaffarah is what has been mentioned above. The essence of the statement is that the Kaffarah should be given after the oath has broken. A Kaffarah given before the breaking of the oath will not be valid. The reason is that the cause which makes Kaffarah necessary lies in the breaking of the oath. As long as the oath does not break, Kaffarah just does not become necessary. As there is no Salah before its time, and there is no Ramadan fast before the month of Ramadan, so it is with the Kaffarah of Oath which cannot be given before the oath breaks.
After that comes the second note of caution: (And take care of your oaths). In this sense of guarding an oath it would mean: If you have sworn to something, then do not break your oath without a legal or physical necessity. Some other respected scholars have said that it means that one should not hasten to give a sworn statement. One should guard and protect one's oath, as if kept in reserve. Unless it be under severe compulsion, one should not take oaths casually. (Mazhari)