Is staying in the dwelling while moving family and property considered breaking the oath against residing there?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one stays in the dwelling for the purpose of moving his possessions and family, the oath is not broken, which aligns with the view of Abu Hanifah. This is because relocation necessitates moving the family and possessions, and the person cannot avoid this stay, so the oath is not incurred. If one leaves personally but leaves the family and property behind while capable of moving them, he breaks the oath. If one leaves with the intention of relocating but does not take the family, he does not break the oath according to Al-Shafi'i, as he is not considered residing there and may only intend residence for himself.
Supporting text
The supporting view for non-breaking holds that residence (Sukna) involves both family and property, and calling someone a resident of a town implies his family is there, even if he is physically absent. If one moves his family and property to another location with the intention of residing there, he breaks the oath regarding the original dwelling, even if his possessions remain temporarily in the first house because his residence is where his family has settled with intent to stay. If one leaves with the intention to reside alone, separate from the family left behind, he does not break the oath, though he remains accountable to God.