What is the ruling regarding breaking an oath when the beneficiary (creditor) of the right dies before payment can be made?
General Chapter
Al-Mughni
Book of Expiations
Primary text
According to Al-Qadi, the oath is broken (*hanith*) because fulfilling the obligation has become impossible, similar to the case where one swears to strike a slave tomorrow, but the slave dies today. Abu Al-Khattab holds that if the deceased beneficiary's heirs pay the right, the oath is not broken, as the heirs' payment substitutes for the original payer's obligation in discharging his conscience, and therefore in fulfilling the oath. This differs from the case where the slave dies, as another person's striking cannot substitute for the stipulated striking.
Supporting text
The associates of Al-Ra'y and Abu Thawr rule that the oath is dissolved upon the death of the beneficiary, and the oath is not broken, whether the heirs pay or not. This is because the fulfillment of what he swore to do became impossible without his choice, resembling an instance of compulsion.