Does making a sign (Isharah) violate an oath sworn not to speak to someone?
General Chapter
Al-Mughni
Book of Expiations
Primary text
There are differing views on whether gesturing violates an oath sworn not to speak. One view holds that gesturing breaks the oath because it is functionally equivalent to writing or sending messages in conveying understanding. The opposing view is that gesturing does not break the oath because it lacks the letters and sounds inherent in speech. Evidence cited is the Quranic narrative where Mary, peace be upon her, was commanded to tell people she was fasting, and then she gestured toward the child, implying gesturing is distinct from speech. Furthermore, speech is audible and invalidates prayer, whereas a gesture does not.
Supporting text
The view that gesturing does not break the oath is supported by citing Quran 3:41, where 'ramz' (symbolic speech/gesture) is mentioned alongside speaking, indicating they are distinct categories. Thus, it can be truthfully stated, 'I did not speak to him, I only gestured.'