Is an oath broken by calling out to a deceased person, a person absent, an unconscious person, or a deaf person if they cannot be known to have heard the call?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The oath is not broken if the call is directed toward a deceased person, an absent person, an unconscious person, or a deaf person whose awareness of the call is unknown. This view is held by Al-Shafi'i. The evidence supporting this is the Quranic verse stating, "And you are not able to make those in the graves hear" (Quran 35:22). Furthermore, the faculties of the deceased are nullified, and their soul has departed, making them further removed from hearing than a distant, absent living person whose faculties remain intact. Any instance of the Prophet (peace be upon him) communicating with the dead was a specific honor granted to him, and it is not to be used as a basis for analogy (Qiyas) for others.
Supporting text
A narration from Abu Bakr suggests that calling out to the deceased does break the oath because the Prophet (peace be upon him) addressed them and called out to them, stating, 'You do not hear what I say any better than they do.' This implies that the act of calling out itself is sufficient.