How are oaths concerning items defined by genus or groups, or physically impossible to complete, interpreted?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 7 · Bab 1

Open in Qurani

Primary text

The disagreement regarding breaking the oath by partial action applies to an unqualified oath (al-yamin al-mutlaqah). If the oath-taker specifies an intention for the whole or part, the oath is judged according to the intention. If a context (qarinah) implies one or the other, the oath pertains to that implication. If one swears, 'By Allah, I will not drink this river or this pool,' the oath is broken by drinking some of it unanimously, as drinking the entirety is impossible, so the oath pertains to the possible part. Similarly for swearing not to eat bread or drink water, or oaths concerning genus names (like Muslims, the poor), the oath is broken by partial action. Abu Hanifa agrees concerning genus names, and Al-Shafi'i's companions accepted this for genus names but not group names.

Supporting text

If the genus name is possessive, like 'the water of the river,' one view is that the oath is broken by partial action if drinking all is impossible, while another view holds the oath requires the entirety, similar to the water in a small leather bag (idawwah), because the term implies all of it.