Is an oath not to part ways broken if the creditor accepts a substitute payment (awad) for the right, and then separates?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the debtor pays the creditor with an equivalent substitute for the right, and the creditor separates, there are differing views. Ibn Hamid and Abu Hanifa hold that the oath is not broken because the right has been discharged by the payment. The view of Al-Qadi is that the oath is broken because the oath pertains to the right itself, and the substitute is merely an equivalent.
Supporting text
If the oath was 'I will not part with you until you are free of my right' or 'I have a right upon you,' the oath is not broken in either case according to Al-Shafi'i, because the right against the debtor no longer exists. The first opinion, that the oath is not broken if the right is fully satisfied, is considered sounder.