What is the ruling if one swears to strike a slave the next day, but the slave dies on the day the oath was taken?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The oath-taker does not break his oath because the requirement to break the oath occurs upon the passage of the specified time (the next day). Since the oath-taker died before that time, he is no longer capable of fulfilling the requirement (i.e., he is no longer considered legally accountable), thus preventing the breaking of the oath.
Supporting text
If the oath-taker himself dies on the day of the oath, there is no breaking of the oath for the same reason: the time for the obligation (the next day) has not arrived, and he has passed beyond accountability.