What is the ruling if one swears to strike a slave the next day, and the slave dies on the next day before the strike can be administered?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the slave dies on the next day before the oath-taker gains the ability to strike him, the ruling is the same as if the slave died on the day the oath was taken (i.e., he does not break the oath according to some, or breaks it according to others based on different lines of reasoning regarding ability to perform).

Supporting text

If the slave dies on the next day after the ability to strike him has been attained, but before the actual striking, the oath-taker breaks the oath unanimously. This is because he had the ability to fulfill the obligation during its allotted time but refrained, which is analogous to letting the next day pass without striking.