What happens if an oath is sworn against an agent (Amil) who is subsequently dismissed?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 7 · Bab 1

Open in Qurani

Primary text

If one swears an agent will not leave except by permission, and the agent is dismissed, there are two views: one holds that the oath is not dissolved, as the oath attached to the specific person defined by a description, and remains attached even if the description changes. The other view holds that the oath is dissolved upon dismissal, as the obligation to seek permission only applied during the term of agency. If the agent committed the act necessitating permission while in office but failed to refer it before dismissal, there is a dispute on whether he is absolved by later referring it or if he is considered to have broken the oath upon dismissal.

Supporting text

If it is ruled that the oath is not dissolved upon dismissal, referring the matter to the former agent after dismissal fulfills the obligation. If the oath is dissolved upon dismissal, whether the oath is broken depends on whether the possibility of fulfilling the required action is permanently lost (e.g., the agent's death, in which case he is considered to have broken the oath).