Does uttering words intended for a sworn-against person (to be heard by them) constitute a breach of the oath (Hinth)?
General Chapter
Al-Mughni
Book of Expiations
Primary text
Ahmad holds that uttering words not directly addressed to the person one has sworn not to speak to, but intended for them to hear, constitutes a breach of the oath. This is because the speaker intended for the sworn-against person to hear the words, making it analogous to direct address. The linguistic evidence for this is the saying of the poet: 'It is you I intend, so listen, O neighbor' (meaning the address is directed to the intended listener even if spoken to another).
Supporting text
The documented action of Abu Bakra, who swore not to speak to his brother Ziyad, yet approached Ziyad's palace, addressed Ziyad's young nephew about Ziyad's intended actions, and then left, indicates that Abu Bakra did not consider this specific act to be a breach of his oath, suggesting he did not believe he had engaged in direct address or intended communication in that specific instance.