If one addresses a group while being among them, and the oath was sworn upon that group, does speaking to them break the oath?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the speaker intends the greeting or speech to include the specific person upon whom the oath was sworn along with the rest of the group, the oath is broken (Hanth) because he addressed that person. If the intention was directed only to the rest of the group excluding the oath target, the oath is not broken.

Supporting text

Al-Qadi reported a single narration stating that the oath is not broken, which is the position of Al-Shafi'i. This view holds that the general wording (addressing the group) permits qualification (Takhsis), so the intent governs the ruling.