Does reciting the Quran constitute a violation of an oath sworn not to speak?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a person swears an oath not to speak (*hollif an la yatakallam*) and then recites the Quran, the oath is not broken. This is the position held by Al-Shafi'i. The primary supporting evidence is that in common parlance, the term 'speech' (*kalam*) is only applied to the speech of human beings. Furthermore, that which does not break the oath during prayer does not break it outside of prayer, such as pointing/gesturing. Moreover, if one recites the verse, "Enter it in peace, secure" (Quran 15:46) intending it as Quranic recitation, the oath is not broken.
Supporting text
Abu Hanifa holds that if the recitation occurs during prayer, the oath is not broken. However, if the recitation occurs outside of prayer, the oath is broken because it is considered the speech of God. He grounds this on the verse, "And He imposed upon them the word of piety" (Quran 48:26) and the Hadith stating that the best speech consists of *Subhan Allah*, *Alhamdulillah*, *La ilaha illa Allah*, and *Allahu Akbar*, and the Hadith mentioning two light words heavy on the scale, *Subhan Allah wa bihamdihi* and *Subhan Allah al-Azim*.