What constitutes cohabitation when two individuals share a single house?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If two individuals reside in one house, each occupying a separate room with its own door and lock, the ruling depends on the circumstances regarding the agreed-upon cohabitation in the oath. If the conditions for cohabitation are absent based on the context and surrounding evidence, the oath is broken. This is the position of Malik.
Supporting text
Al-Shafi'i posits that if the house is small, they are considered cohabiting because a small house is one dwelling. If the house is large, they are cohabiting unless one is in a main room (*sufah*) and the other in a secondary room (*sufah*), or if they are in two separate *sufahs* or two rooms lacking locks independent of the other's room. If they reside in two rooms, each with its own lock, or if they are in a *khan* (caravanserai), they are not considered cohabiting, as each exclusively occupies their dwelling, resembling neighbors in separate residences.