Does sucking on something and spitting it out violate an oath not to drink?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person swears an oath not to drink anything (*shurba*), and subsequently sucks on something, such as sugarcane (*qasab as-sukkar*), and then spits it out, the oath is not broken. This view is reported from Ahmad and held by the Companions of the *Ra'y* (Ashab ar-Ra'y). Their reasoning is that this action does not constitute actual eating or drinking. This is analogous to sucking pomegranate seeds and spitting out the pulp; it is not considered consumption.

Supporting text

According to the opinion attributed to Al-Kharaqi, the oath is violated because the substance was taken in, reached the stomach and throat, which is treated similarly to one who swears not to eat something but drinks it, or swears not to drink something but eats it.