How is precedence determined when the context (Sabab) of an oath conflicts with the specific intention (Niyyah)?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the context and intention conflict, and the intention aligns with the literal meaning (e.g., a wife's favor leads to an oath not to wear cloth from her weaving, but the intention is only to abstain from wearing it, not benefiting from its price), the intention takes precedence unanimously, as it matches the requirement of the wording. If the intention was specific to one item, this ruling prevails according to the apparent view of Al-Kharqi.

Supporting text

A dissenting view holds that the context should be preferred because the general wording is reinforced by the context (the favor), and the apparent situation contradicts the limited intention. However, the prevailing opinion is that context is considered only to indicate intent; if it contradicts the actual intent, it is ignored, leaving only the general wording modified by the specific intention.