When does remaining in a dwelling after swearing not to reside there constitute breaking the oath?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the resident of a dwelling swears not to reside there, he breaks his oath if he remains in it for a period during which he could have departed, as the continuation of residence is treated like the commencement of residence regarding the name 'residence.' This is the view of Al-Shafi'i.
Supporting text
If the stay is merely for moving belongings, the oath is not broken because relocation requires family and possessions, and until those are moved, the person is considered in transit. Malik is reported to hold that staying less than a day and night does not constitute breaking the oath as it is a brief period necessary for relocation. Zufar held that breaking the oath occurs immediately upon staying even for a moment, even if relocating instantly, but this is refuted because what cannot be avoided is not intended by the oath.