Question
Assalamu Alaikum. I would like to ask about an oath-related matter. During an argument, I told my younger brother to swear by Allah that he would not speak to me. He then said, “By Allah, I will not speak to you.” Later, we realized that making him take an oath like this was not right, and now we want to speak normally again. My brother is 11 years old. As far as I know, he has not reached puberty yet. My questions are: 1. Is his oath Islamically valid and legally binding? 2. If he speaks to me again, does he have to give kaffarah?
Islamic Ruling & Answer
Walekumussalam,
In the situation mentioned, if your brother is 11 years old and has not yet displayed any signs of puberty, then he is Islamically considered a minor. The oath of a minor is not legally binding in Shariah, and therefore the oath he made is not binding upon him.
Therefore, if he speaks to you again, his oath will not be considered broken, and no kaffarah (expiation) will be required from him.
However, in the future, one should avoid making a child take such an oath, particularly an oath that results in relatives stopping communication with one another. Since you have now realized that this was not an appropriate way to handle the matter, both of you may resume speaking to each other normally.
And Allah knows best.
Answered by
Daurah-e-Hadith (Fazil), Darul Uloom Deoband · Specialization in Fiqh & Ifta (Grade A), Jamea Tul Hidaya, Jaipur
September 28, 2026
Researched & verified under our editorial & answer-review policy.
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