Does an oath against a wife leaving the dwelling break if the husband physically carries her out?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a husband swears an oath that his wife shall not leave, and then he carries her out, the oath is broken if she had the ability to resist but did not. The evidence is that the physical separation from the inside to the outside occurred, which constitutes leaving, and she chose to allow the action. This is analogous to her commanding someone to carry her out.
Supporting text
Al-Shafi'i holds that the oath is not broken because she was taken out, not that she left voluntarily. If she could not prevent being carried out, there is a probability that the oath is not broken, which is the position of Al-Shafi'i, Abu Thawr, and the people of Ray', as the departure is not attributed to her choice. Conversely, there is a probability that she is still obligated because she chose the action that led to the violation.