Does taking an oath that 'we shall not separate' result in breaking the oath if the subject of the oath flees?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

The oath-taker breaks their oath (breaks *yamin*) if the entity upon which the oath was sworn flees from the oath-taker, because the oath implies that no separation should occur between them in any manner, and separation has indeed occurred through the fleeing. This is the ruling in this situation.

Supporting text

If the separation occurs because both parties were compelled or coerced (*ukriha*) into separation, the oath-taker does not break the oath, except according to the opinion that coercion is not considered a valid excuse (*udhr*).