What is the permissibility of employing figurative or obscure meanings in an oath when forced by an unjust ruler?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 6 · Bab 3

Open in Qurani

Primary text

When forced by an unjust ruler to swear, the person may employ specific, obscure meanings for common words to negate the falsehood required by the ruler. Examples include interpreting 'to see' (*ra'ayta*) as 'to strike his lung' or 'to mention' (*dhakartu*) as 'to cut off his private part.' Similarly, 'a need' (*hajatan*) can mean 'the tree that the pilgrim kept,' and 'furooj' can mean the outer garment (*qaba'*) and 'حصيرة' (*hasira*) can mean confinement. If the oath-taker is not unjust, his oath is bound by the specific meaning he intended.