Under what circumstances does being compelled (Ikrah) to remain in a dwelling not break an oath against residing there?
General Chapter
Al-Mughni
Book of Expiations
Primary text
If one is compelled to remain in the dwelling, the oath is not broken, based on the Prophet's saying that the Ummah is pardoned for error, forgetfulness, and what they are coerced into. This applies if staying is necessary due to being in the middle of the night without an alternative residence, if doors are locked preventing departure, or if there is fear for oneself, family, or property. If the stay is in pursuit of relocation, awaiting the removal of an obstacle, or if seeking relocation proves impossible (due to inability to rent or secure transport), and one intends to move as soon as possible, the oath is not broken, even if the stay lasts days, as the inability to move makes the stay involuntary.
Supporting text
If one stays during this period without the intention of moving, the oath is broken. Moving possessions according to custom, even if gradual, does not break the oath if the usual rate of moving is maintained; one is not obligated to gather all local transport or move at night or during rest times. If one's goods are sent away, deposited, or loaned out, and he leaves, the oath is not broken as his control over the property has ceased. Returning periodically to move items, visit the sick, or see a friend does not break the oath, as this is not considered residence. If one's wife or dependents refuse to leave with him despite his desire for them to move, and he leaves them behind because he cannot force them out, he does not break the oath, as this is an unavoidable situation similar to being unable to move his property.