Interpretation of an oath concerning actions involving multiple parties linked by conjunction ('and').
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one swears, 'By Allah, I will not speak to Zaid nor Amr,' the oath is broken by speaking to either one individually, without dispute. This structure necessitates abstaining from action concerning each party separately. This is supported by the meaning derived from Quran 30:3, which implies the negation applies to every item listed: 'Nor do they possess for themselves harm or benefit, nor do they possess death, nor life, nor resurrection' [Quran 30:3], meaning they possess none of these things individually.
Supporting text
There is a differing view regarding the oath 'I will not speak to Zaid nor Amr' where the intent might be to not have the action (speaking) encompass both simultaneously. In this case, the oath is only broken if that specific joint action occurs. If the intent was to refrain from speaking to either one individually, the oath is broken by addressing either one, as the conjunction implies a structure equivalent to stating, 'I will not speak to this person, and I will not speak to that person,' akin to the structure in Quran 4:23 ('Your mothers and your daughters are forbidden to you,' meaning, and your daughters are forbidden to you as well), where each is a separate prohibition.