What is the ruling on an oath conditioned upon knowing an indeterminate number, such as the number of seeds in a pomegranate or dates eaten?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 3

Open in Qurani

Primary text

If an oath is sworn based on knowing an unquantifiable number, such as the seeds of a pomegranate or the exact number of dates consumed, the oath is discharged if the oath-taker states a number he knows encompasses the actual count, provided this was his intention. For example, if the true number is between one hundred and one thousand, stating any count within that range suffices if that was the intent. However, if the intention was to convey the precise quantity without addition or subtraction, the oath is only discharged by stating that exact quantity. By default, following the primary doctrine, discharge requires stating the exact number because the apparent intent of the oath-taker governs, similar to customary terms whose meaning reverts to the common usage rather than the literal meaning.

Supporting text

If the person intended to state the exact quantity without any deficiency or excess, the oath is not discharged unless that exact number is stated. If the oath is stated absolutely without explicit qualification, the default is that discharge requires the exact count.