How is an oath against smelling 'Rayhan' (sweet-scented basil/plant) interpreted when conventional usage is specific?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one swears not to smell Rayhan, and the common usage specifically refers to Persian Basil (Rayhan Farisi), then only smelling Persian Basil breaks the oath. This aligns with the view of Al-Shafi'i because the oath-taker outwardly intends only that specific type. This is supported by the view that one swearing not to eat meat is not held liable for eating fish (in the view that fish is not meat).
Supporting text
Abu Al-Khattab holds that the oath is broken by smelling anything literally called Rayhan (any sweet-smelling plant like rose or violet), arguing the literal meaning is encompassed. However, smelling fruit does not break it universally, as fruit is neither literally nor customarily called Rayhan. Regarding rosewater or violet oil, Al-Qadi (Shafi'i) says no breach occurs as one did not smell the rose or violet itself. Abu Al-Khattab holds that if the scent is present in the oil/water, the oath is broken. Abu Hanifa holds that violet oil breaks the oath, but rosewater does not, as it is not literally called a rose.