Does drinking from a river that draws its water from the named river, upon swearing not to drink from the named river, constitute breaking the oath?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If one swears not to drink from 'Barada' (a specific river), and drinks from a tributary river that receives water from Barada, the oath is not broken, because 'Barada' refers to a specific location. Crossing to another location and drinking does not constitute drinking from Barada itself. However, if the oath specifies not to drink from the 'water of Barada,' then drinking from any water sourced from it, regardless of where it is transferred, breaks the oath. This principle is established by analogy with swearing not to eat 'Basra dates' and then eating them elsewhere; the oath concerns the substance, wherever it is found.
Supporting text
If water from Barada is scooped into a container and then drunk elsewhere, the oath is broken in both scenarios mentioned, because the act of scooping originates from Barada.