What is required to violate an oath regarding drinking water from the Euphrates River?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one swears 'I shall not drink from the Euphrates' and drinks from its water, the oath is violated, whether by scooping it up directly (kar') or by drawing it out first and then drinking. Al-Shafi'i, Abu Yusuf, and Muhammad hold this view. The reasoning is that the meaning of the oath is not to drink from the water of the Euphrates, as drinking naturally occurs from the river itself, which is understood conventionally. Thus, the oath is interpreted upon what is conventionally understood, similar to swearing not to drink from a well, eat from a tree, or drink from a specific ewe.
Supporting text
Abu Hanifa holds that the oath is not violated unless the drinking is done directly by cupping the hands to the water (kar'), because the reality of that action is direct cupping, and anything else does not constitute a violation, analogous to swearing not to drink from a specific jug, where pouring it into another container before drinking does not suffice. This is countered by the fact that the companions of Abu Hanifa agree that drawing water from the well, milking the ewe's milk, or picking from the tree, followed by drinking or eating, violates the oath, meaning the same applies to the river.