Is an oath not to part ways broken if the creditor accepts a promissory note (Ihaalah) from the debtor to settle the debt, and then separates?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the debtor transfers the debt obligation to a third party for the creditor to collect, and the creditor separates, the oath is broken. This is the position of Al-Shafi'i and Abu Thawr. The evidence is that the creditor did not actually realize his right from the original debtor, as nothing reached him, proven by the fact that he can still demand payment from the original debtor. Thus, the oath is broken, as if the transfer had not occurred.
Supporting text
Abu Hanifa and Muhammad state the oath is not broken because the creditor has been absolved from the debtor regarding the debt. If the creditor mistakenly believed the transfer settled the debt and then separated, the correct view is that the oath is broken, as this constitutes ignorance of a legal ruling, which does not waive the liability of the oath, similar to ignorance regarding the requirement of expiation.