What is the interpretation of an oath concerning a woman one legally possesses through a valid marriage contract or ownership of a female slave, swearing, 'I will not marry you'?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 5 · Bab 2

Open in Qurani

Primary text

The oath refers to having sexual intercourse with her. The context, specifically the existing relationship of ownership or marriage, directs the meaning away from entering into a new contract and towards the act of cohabitation, as she is already the subject of a binding agreement.