Does parting ways break an oath not to part ways ('laa faaraqtuk') if the separation occurs by the debtor fleeing without the creditor's choice?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the debtor flees from the creditor without choice, the oath not to part ways is not broken. This is the position held by Malik, Al-Shafi'i, Abu Thawr, Ibn al-Mundhir, and the Ashab al-Ra'y (the companions of rational opinion). The evidence is that the oath was sworn concerning the actor's own deed in the separation, and the debtor performed no action by choice in this separation, similar to swearing 'I will not stand up' and another person stands up.
Supporting text
A narration from Ahmad states the oath is broken because the meaning of the oath was that no separation should occur between them, and a separation has indeed occurred.