If a person swears not to enter a place and enters only part of it, is the oath broken according to the view citing divine command?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a person swears not to enter a place and enters only part of it, there are two narrations concerning whether the oath is broken. One narration, attributed to Malik, suggests the oath is not broken because the oath requires refraining from doing any part of the act, similar to prohibition. Divine commands like 'Enter the gate prostrating' (Quran 2:58) or 'Enter upon them through the gate' (Quran 5:23) require entering completely to be fulfilled. Likewise, prohibitions such as 'Do not enter houses other than your houses' (Quran 24:27) or 'Do not enter the Prophet's houses' (Quran 33:53) require complete abstinence to be fulfilled. Therefore, one who only partially enters has violated the oath by not refraining entirely.

Supporting text

The reconciliation of views is that the commander/prohibitor intends the full performance or complete abstention, and the oath-taker intends the same. Since partial performance or partial abstinence does not constitute full compliance, the oath is violated. The second narration states that the oath is not broken unless the entirety is entered.