What is the ruling concerning the oath-taker who separates after stating, 'I will not leave you until I take my full right from you'?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the person to whom the oath pertains departs voluntarily after the oath-taker states the condition, the oath-taker is deemed to have broken the oath (hanith). This ruling is established based on the apparent meaning of the statement.

Supporting text

If the separation occurs while the oath-taker is compelled or under duress, the oath is not broken (lam yahnath). Furthermore, the position held by Al-Qadi, interpreting the statement of Al-Kharaqi, aligns with the view of Al-Shafi'i, suggesting that if the oath-taker separates voluntarily, the oath is broken, although further rulings will follow.