What is the consequence of doubting the consumption of an item sworn upon in an oath?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one swears to eat a specific item, and then eats from the general quantity but remains in doubt whether the specific item sworn upon was consumed, the oath is not broken. Certainty remains, and doubt does not remove certainty. This ruling applies to the wife if the context involves an oath related to her. This is the position of Al-Shafi'i and the Ashab al-Ra'y. Consequently, rulings concerning the marriage, such as maintenance (nafaqa), clothing, and housing, remain binding.
Supporting text
Al-Kharqi ruled that sexual intercourse (watu') with the wife must be avoided because of doubt regarding her permissibility, likening it to when a wife is confused with a non-related woman. Abu al-Khattab, however, maintained that she remains permissible, supporting the opinion of Al-Shafi'i, based on the principle that the default state is permissibility, which is not removed by doubt, just like other rulings of marriage. Since the marriage contract remains valid in effect, the permissibility of intercourse should also remain.