Does remaining in the action constitute fulfillment of an oath not to perform that action?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person swears not to lie next to his wife on a bed (*firash*), and they are already lying down together, continuing this state constitutes breaking the oath (*hanith*). This is because the term *mudaja'ah* (lying next to/cohabiting) applies to continuation, as evidenced by the saying, 'He slept on the bed for a night.' If the husband was alone on the bed and the wife lay down beside him, the ruling depends on whether he immediately rose up. If he rose immediately, the oath is not broken. If he continued, the oath is broken, based on the principle established above.