How is the intention (Niyyah) of the swearer treated when interpreting oaths concerning a wife's departure?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the swearing party stated the oath generally (mutlaqan), but intended to suspend the divorce on a single instance of departure, his statement is accepted because he interpreted his wording in a plausible manner. If he intended, by saying "until I grant you permission," to set the endpoint such that the departure under oath is only what precedes the endpoint, his intention is accepted, and the oath is dissolved upon permission being granted, as oaths are founded upon intention.
Supporting text
If he permits her once and intends that permission to cover every instance, the ruling is according to his intention. Furthermore, if he says, "Every time you leave, it is by my permission," one instance of permission suffices. If a man swears that his wife will not leave except by his permission, and he permits her once, Abdullah bin Ahmad narrated from his father that this single permission suffices for every subsequent departure, and his oath is ruled by his intention.