What constitutes ownership of 'wealth' (mal) when swearing an oath not to possess wealth?
General Chapter
Al-Mughni
Book of Expiations
Primary text
A person who swears not to possess wealth is deemed to have broken the oath (hanith) upon possessing anything generally termed as wealth, including currency, real estate, furniture, or animals. This is the opinion held by Al-Shafi'i. Evidence is established because all forms of property are designated as wealth, citing Quranic verses such as where seeking marriage can be done through wealth (Quran 4:24), and narrations where Companions referred to specific properties like gardens and land in Khaybar as their wealth. Furthermore, anything named wealth is held to break the oath, just like wealth subject to Zakat.
Supporting text
A narration from Ahmad suggests that if one vows to give away all his wealth in charity, the vow only applies to his tangible, non-liquid wealth because the unqualified term 'wealth' defaults to that category. Abu Hanifa maintains that one is not held liable unless the wealth possessed is subject to Zakat, citing Quran 51:19, arguing the term 'wealth' therein only refers to Zakat-able assets.