Does striking the slave on the day the oath is taken fulfill the oath sworn for the next day?
General Chapter
Al-Mughni
Book of Expiations
Primary text
No, striking the slave on the day the oath is taken does not fulfill the oath. This is the view of the companions of Al-Shafi'i. The reasoning is that the act was not performed during its specified time, rendering the oath unfulfilled, analogous to swearing to fast on Friday and fasting on Thursday.
Supporting text
The opinion of Al-Qadi and the companions of Abu Hanifa is that he fulfills the oath. They argue the purpose of the oath is to encourage the striking, and striking today achieves that purpose, similar to paying a debt due tomorrow today.