Does consuming food that one swore not to eat, which was jointly purchased by the person and another (Zayd and Bakr), break the oath?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one swore not to eat food that Zayd and Bakr purchased, the oath is broken, unless the intention was that neither should purchase it exclusively. This is the position of Abu Hanifa and Malik. The rationale is that the person is considered a purchaser of half of the food, and since that half was consumed, the oath is broken, similar to a scenario where the person purchased their half, mixed it with another's purchase, and consumed all of it. This contrasts with clothing, where half a garment is not a garment, whereas half the food remains food, which was consumed after the oath-taker was considered a co-purchaser.
Supporting text
Al-Shafi'i holds that the oath is not broken. Abu Al-Khattab mentioned this as a possibility because the person did not singularly purchase any part of it, similar to swearing not to wear a garment purchased by Zayd, and then wearing one purchased by Zayd and someone else.