What is the ruling if one swears not to give a right, and the right is subsequently taken forcibly by a ruler?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the oath was, 'I will not give you your right,' and the ruler forcibly takes it from the debtor and gives it to the creditor, the oath is not broken.

Supporting text

If the debtor is coerced into handing it over, the ruling follows the established difference of opinion regarding coercion. If the debtor gives it willingly, the oath is broken. If the debtor places the item in their lap, pocket, or chest while knowing it, the oath is broken because the act of giving has occurred.