What is the ruling if one enters a house without knowing the excluded person is present, discovers it afterward, and then leaves immediately?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 2 · Bab 1

Open in Qurani

Primary text

This situation is treated like the case of entering while forgetting the presence of the excluded person. If the ruling is that one does not break the oath in that forgetful case, then upon realizing her presence and leaving immediately, he does not break the oath.

Supporting text

If the oath-taker remains after realizing her presence, there are two opinions regarding whether he breaks the oath, analogous to the differing opinions on whether one breaks an oath by remaining in a house where one swore not to enter.