Does swearing or speaking in the mosque void an oath against doing so in the mosque, if the intended recipient is elsewhere?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If an oath is sworn not to swear at or speak to someone in the mosque, and the action (swearing or speaking) occurs in the mosque while the person sworn against is elsewhere, the oath is broken (Hinth). This is because swearing and speaking are utterances solely produced by the speaker, so the presence of the person sworn against is not a requirement for the act to occur in the mosque. The utterance is considered to take place where the speaker is.