Does one break an oath by entering a house where an excluded woman is present if the intent was merely to enter the house and not specifically target her?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the oath-taker enters a house intending the general entry, and the presence of the excluded woman was not the direct cause or trigger for his oath (e.g., swearing not to speak to her), he does not break his oath (Hanth).
Supporting text
If the oath-taker enters a gathering where she is present, intending to enter upon the group including her, he breaks his oath. Similarly, if he intended nothing specific regarding her presence, he breaks the oath. If he mentally excluded her, there are two opinions: one holds he does not break the oath, paralleling swearing not to greet her while greeting a group she is in, intending to greet others; the second holds he breaks the oath because entry is an indivisible action that cannot be specially excluded by intent, as the action applies to all equally. Furthermore, speech like 'Peace be upon you except so-and-so' is permissible, but saying 'I entered upon you except so-and-so' is not, supporting the indivisibility of the action.