Does the swearer break his oath by entering a place he swore not to enter if he is carried into it?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the swearer is carried into the place and he did not prevent it (when possible), he breaks his oath (Hanith) because he entered without coercion, similar to being carried by his own order. If he was carried by someone else's command but had the opportunity to resist and did not, he also breaks his oath. If he was carried into it without his order and was unable to resist, he does not break his oath. This ruling is held by Ahmad in one narration, Al-Shafi'i, Abu Thawr, and the Ahl al-Ra'y.

Supporting text

Abu Al-Khattab suggests a duality: either no breaking of the oath if the entry was not willed or ordered, or breaking the oath if entry occurred by choice, whether walking, riding, being carried, or immersing oneself in water leading into the area.