What is the ruling concerning an oath not to use a slave if the oath is broken by the action of the slave and not the oath-taker's command?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The oath is broken if the slave renders service and the master remains silent only if the slave is one's own property, as per Abu Hanifa. If the slave belongs to another, the oath is not broken under this condition, according to Abu Hanifa.
Supporting text
Al-Shafi'i declares that the oath is not broken in either case because the oath pertains to the oath-taker's own action, and one is not deemed to have broken an oath through the action of another party.