Does oath of abstinence from cohabitation become void if the oath refers to a specific dwelling or context that changes?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a person swears an oath regarding his wife concerning a dwelling (*dar*) or similar context, and then fulfills the oath by giving her a gift or through some other means, or if he meets her in a place that is neither a dwelling nor a house, he does not violate his oath. This holds true whether the dwelling was the explicit reason for his oath or not, because his intention was to show harshness (*jafa'*) through this specific condition, and he is not held accountable for violating it through other means.
Supporting text
If a man swears not to cohabit with his wife in a dwelling due to a specific reason, and that reason is subsequently removed—such as if the reason was her reliance on his favor and then he owned the dwelling or it transferred to someone else—and he then cohabits with her there, there are two differing opinions regarding whether the oath is violated. These two views have previously been mentioned and explained.