What is the ruling if a debtor swears an oath not to hand over a right, and the creditor takes it later?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the creditor swore, 'I will not take my right from you,' the implications follow the ruling structure of the previous scenario regarding the taking of the right.
Supporting text
If the debtor leaves an item during the departure from a place (*kharaj*), and the custodian gives that item to the creditor, and the creditor takes it without knowing the item was left there, the oath is not broken, as this action is not counted as taking and does not discharge the debtor from the obligation.