What is the duration implied by an oath sworn upon 'months' (ashhur) when interpreted as the minimum plural?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 2 · Bab 1

Open in Qurani

Primary text

When an oath is sworn upon 'ashhur' (months) and interpreted according to the minimum plural, the implied period is three months. This adheres to the same principle used for the minimum plural of days.

Supporting text

An alternative view holds that the oath encompasses twelve months. This is supported by the evidence: "Indeed, the number of months according to Allah is twelve months" (Quran 3:36). Furthermore, 'ashhur' is considered the plural of abundance, whose minimum is ten, thus it should not be restricted to the meaning of the plural of fewness, especially if the intent of the oath was not to exceed that time. This position is held by Abu Hanifa, Muhammad, and Abu Thawr.