What is the duration implied by an absolute oath not to speak to someone?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If an individual swears not to speak to another person and delimits this period with specific wording or intention, the restriction is bound by that specified time. If the period is left unqualified, it defaults to six months. This interpretation is related from Ibn Abbas and is the position of the Ashab al-Ra'y (the People of Opinion). The justification for six months is found in the usage of the term 'ḥīn' (time period) in the Quran, where, for example, it is stated that the gardens of Paradise 'yield their fruit at all times (kulla ḥīn) by leave of their Lord' [Quran 14:25], which is interpreted by some, including Akramah and Sa'id ibn Jubayr, to mean six months. The absolute term in Divine speech is understood to mean the minimum period of six months, and this minimum certain duration is applied to unqualified human oaths.
Supporting text
Mujahid, Al-Hakam, Hammad, and Malik hold that the period is one year, basing their view on Quran 14:25, interpreted as 'every year.' Al-Shafi'i and Abu Thur hold that there is no set measure for the period, and the oath is fulfilled by even the shortest duration, because 'ḥīn' is an ambiguous term covering little or much time, as exemplified by Quranic verses like 'and you will surely know its news after a time' [Quran 38:88] or 'Has there not come upon man a period of time [ḥīn min ad-dahr] when he was not a thing mentioned?' [Quran 76:1].