Is an oath not to part ways broken if the creditor permits the debtor to separate?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the creditor permits the debtor to separate, the debtor does not break the oath. This interpretation is based on the understanding that the debtor has not performed the act of separation that the oath prohibited. The meaning of the oath is 'I will hold you obligated,' and when separation occurs with permission, the obligation is lifted, distinguishing this from the case where the debtor flees without choice.
Supporting text
The view of Al-Kharqi suggests the oath is broken based on the implication derived from his statement regarding fleeing, implying that if separation occurs without fleeing, the oath is broken. The opinion that the oath is not broken is held by Al-Shafi'i and supported by Al-Qadi as the correct view of Al-Kharqi.