What is the ruling if one swears an oath not to take one's right, and is then forced to take it?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a person swears an oath not to take their right from another, and is then forced to have it taken from them (by force), the oath is broken (the person has sworn falsely, or *hanitha*). This is because the action sworn against, the taking, was performed, even if involuntarily later. If the creditor (the one owed the right) is forced to take the right, the ruling follows the established difference of opinion concerning one who is forced into arrival (*al-qudoom*).
Supporting text
If the debtor places the right in their lap, in front of them, or beside them, and the creditor does not take it, the oath is not broken because the act of taking has not occurred.