What is the ruling if one swears to strike a slave the next day, and the slave dies before the next day arrives?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The oath-taker breaks the oath. This is one opinion attributed to Al-Shafi'i. The reasoning is that he failed to perform the sworn act during its specified time without coercion or forgetfulness, rendering him liable for breaking the oath, similar to destroying the object of the oath by choice or failing to perform a non-time-specific obligation due to hardship.
Supporting text
The opposing view, held by Abu Hanifa, Malik, and a second opinion from Al-Shafi'i, is that he does not break the oath because the inability to strike the slave occurred without his choice, similar to being coerced or forgetting. However, the main opinion distinguishes this from coercion or forgetfulness because the impediment lies with the object of the oath, not the swearer.