What is the ruling if a person swears an oath not to sell their garment for ten units of currency, and then sells it for that amount or less?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If a person swears an oath not to sell their garment for ten, and then sells it for exactly ten or for less than ten, the oath is broken (Hanth). This is based on the established convention that one swearing such an oath intends not to sell it for ten or for less than ten. Evidence for this is derived from agency: if one delegates someone to sell the garment with the instruction not to sell it for ten, the agent is not permitted to sell it for less than ten. Furthermore, the refusal to sell for less than ten is implicitly included in the prohibition, and such implicit understanding is established through proof just as explicit language is established.
Supporting text
Al-Shafi'i holds that the oath is not broken if the garment is sold for less than ten, because the explicit wording of the oath did not encompass the lesser amount.