Is an oath broken if a person capable of hearing is called but fails to hear due to distraction or inattention?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

The oath is broken if a person calls out to the subject of the oath, and the subject, due to being preoccupied or inattentive, does not hear. Ahmad explicitly stated this ruling. The justification is that the intent to speak constitutes the act of speaking, meaning that one can truthfully say, 'I spoke to him,' even if he did not hear. The action is considered complete by the act of calling out with the intention of speech.