What is the interpretation of an oath concerning a woman one does not legally possess, swearing, 'I will not marry you'?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The oath pertains to the marriage contract itself (al-'aqd), because the common usage of the term 'nikah' (marriage) refers to the contract when there is no existing possession or marriage bond.