What is the ruling on an oath concerning an object currently submerged in flowing water?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a person swears an oath regarding an object currently in flowing water, conditioning divorce on it leaving the water or remaining stationary within it, the default ruling is that the person is subject to the oath (i.e., the condition is met) unless the person intended the specific body of water it currently occupies. The absolute phrasing implies leaving that river or remaining within it.
Supporting text
A dissenting view, held by Al-Qadi in Al-Mujarrad and aligned with the Shafi'i school, states that the oath is not broken because the water in which the object was located has flowed away, meaning the object is now in different water, whether it moved or remained stationary. This view holds that oaths are based on the literal wording rather than the underlying intent, meaning all previously mentioned oaths are not binding if the underlying intent was not strictly met.