Does an oath not to leave a creditor until one's due is paid result in breaking the oath if the creditor forgives the debt?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person swears, "I will not leave you until I pay your due," and the creditor forgives him of the due, there are two opinions regarding whether the oath-taker incurs an infraction (Hanith). This depends on whether the initial enforcement of the oath was done under compulsion or not.

Supporting text

If the debt was a specific asset (ayn) and the creditor gifted it to the debtor, who accepted it, the debtor incurs an infraction because he willingly abandoned fulfilling the obligation. However, if the creditor seized the asset first and then gifted it, the debtor does not incur an infraction. If the oath was, "I will not leave you while you have a due against me," then forgiveness or gifting the asset does not result in breaking the oath.