Does returning to a dwelling after swearing an oath to depart from it constitute breaking the oath (Hinth)?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

The oath is not broken if a person departs from a dwelling or city and subsequently returns, unless the intention behind the oath or the context of the swearing implied perpetual avoidance of return. The obligation was fulfilled by the initial act of departure or travel. Isma'il ibn Sa'id reported that if one swears to make a man leave Baghdad, and the man leaves and then returns, the oath is considered fulfilled, and there is no liability.

Supporting text

If the oath is related to a specific cause implying continuous abandonment of the dwelling, then returning would constitute breaking the oath.