What is the ruling on breaking an oath not to cohabit in a specific house if the house is subsequently divided into two separate rooms with new doors?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a person swore not to cohabit with a specific individual in a particular house, and subsequently they divide the house into two rooms, build a wall between them, and each opens a separate door and resides therein, the oath is not broken. This aligns with the view of Al-Shafi'i, Ibn al-Mundhir, Abu Thawr, and the Ashab al-Ra'y. This is because cohabitation in the whole house is not established when the dwelling is effectively split into two separate residences. This differs from an oath not to enter the house, as entry is possible even when the internal state has changed.
Supporting text
Malik disapproves of this outcome, and it is potentially implied by the methodology of his school because the oath pertains to the specific entity of the house, which is not dissolved by internal alteration, analogous to an oath not to enter a property that subsequently becomes divided.