What is the view of Abu Hanifah and Al-Shafi'i regarding intention contradicting the literal wording of an oath?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 3 · Bab 1

Open in Qurani

Primary text

Abu Hanifah and Al-Shafi'i hold that intention contradicting the literal wording of an oath is not taken into consideration. Their reasoning is that breaking the oath (Hinth) constitutes violating what the oath was established upon, and the oath's establishment is through its literal wording. They argue that intention alone does not establish an oath, so its contravention should not invalidate it.