What is the ruling if someone swears not to speak to another person for a time described by indefinite terms like 'zaman' (time), 'waqt' (period), 'dahr' (age/long time), 'umr' (lifetime), 'maliyy' (long duration), 'tawil' (long), 'ba'eed' (far), or 'qareeb' (near)?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The obligation resulting from this oath is fulfilled by abstaining for the minimum possible duration implied by the term used, according to the position of Abu al-Khattab and the Madhhab of Shafi'i. This is because these terms lack a fixed linguistic limit and apply to both short and long durations. Therefore, the requirement must be restricted to the least that the name encompasses, as certainty demands. The concept of 'near' can be relative, sometimes being far compared to something nearer, and sometimes near compared to something further. Setting a fixed limit by arbitrary determination is impermissible; it requires a specific textual basis ('tawqif'), which is absent here. Hence, it must be confined to the definite minimum.
Supporting text
Ibn Abi Musa stated that the duration ('zaman') is three months. Talhah al-'Aqquli asserted that 'heen' (moment/time), 'zaman,' and 'umr' are equivalent because people use them interchangeably in custom, intending to signify a long duration; thus, interpreting it as a short duration contradicts the swearer's intent. Similarly, 'dahr' should be interpreted like 'heen' for the same reason. Regarding 'ba'eed,' 'maliyy,' and 'tawil,' the duration exceeds one month. Abu Hanifah's view is that these terms denote the opposite of 'qaleel' (short), so they cannot be interpreted as short. Furthermore, if 'umr' were interpreted as forty years, it would be sound due to Allah the Exalted informing about His Prophet (peace be upon him): {Indeed, I have remained among you for a lifetime before this} (Quran 10:16), which was forty years. Thus, the speech should be governed by that limit, as 'umr' generally signifies a long period, and interpreting it otherwise contradicts its usual meaning.