حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ سُهَيْلِ بْنِ أَبِي صَالِحٍ، عَنْ أَبِيهِ، عَنْ أَبِي هُرَيْرَةَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " مَنْ حَلَفَ بِيَمِينٍ فَرَأَى غَيْرَهَا خَيْرًا مِنْهَا فَلْيُكَفِّرْ عَنْ يَمِينِهِ وَلْيَفْعَلِ الَّذِي هُوَ خَيْرٌ " .
Yahya related to me from Malik from Suhayl ibn Abi Salih from hisfather from Abu Hurayra that the Messenger of Allah, may Allah blesshim and grant him peace, said, "Whoever makes an oath and then seesthat something else would be better than it, should do kaffara for hisoath and do what is better." Yahya said that he heard Maliksay, "Anyone who says that he has a vow but does not mention the nameof Allah, is still obliged to make the kaffara for an oath (if hebreaks it)". Malik said, "Emphasis is when a man swears onething several times, repeating the oath in his speech time after time.For instance, the statement, 'By Allah, I will not decrease it fromsuch-and-such,' sworn three times or more. The kaffara of that is likethe kaffara of one oath. If a man swears, 'I will not eat this food orwear these clothes or enter this house,' that is all in one oath, andhe is only obliged to do one kaffara. It is the same for a man whosays to his wife, 'You are divorced if I clothe you in this garment orlet you go to the mosque,' and it is one entire statement in thenormal pattern of speech. If he breaks any of that oath, divorce isnecessary, and there is no breaking of oath after that in whatever hedoes. There is only one oath to be broken in that." Maliksaid, "What we do about a woman who makes a vow without her husband'spermission is that she is allowed to do so and she must fulfill it, ifit only concerns her own person and will not harm her husband. If,however, it will harm her husband, he may forbid her to fulfill it,but it remains an obligation against her until she has the opportunityto complete it." Translation Not Available
Book Ref: Muwatta Imam Malik Book 22 Hadith 1023
Web Ref: Muwatta Imam Malik Book 22 Hadith 11