Is an oath not to part ways broken if the judge bankrupts the debtor and the creditor separates from him?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the judge forces bankruptcy upon the debtor, the ruling depends on whether the judge mandated separation. If the judge mandated it, it is treated like being compelled, and the oath is not broken. If the judge did not mandate separation, but the creditor departs knowing separation becomes necessary, the oath is broken because the separation occurred without compulsion, similar to swearing not to pray when prayer becomes obligatory and then praying.

Supporting text

If the judge does not mandate separation, but the creditor departs due to knowing separation is required, the oath is broken because the separation occurred without compulsion.