Does ascending to the roof (surface) of a house violate an oath not to enter it?

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Ascending to the surface of the house violates an oath not to enter it (حنث - Hinth). This position is held by Malik, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). The evidence is that the surface of the dwelling is considered part of the dwelling itself, sharing its ruling. This is supported by the permissibility of I'tikaf (seclusion) in the surface of a mosque, which prohibits a menstruating person from remaining there. Furthermore, if someone swore not to leave the house but ascended the roof, the oath is not fulfilled; conversely, if one swore not to enter and ascended the roof, the oath is violated. The surface is included within the boundaries of the dwelling, is owned by the proprietor, and its ownership is transferred with the sale of the house, analogous to dwelling overnight ('baata fi daarihi').