Does wearing a garment sworn against result in breaking the oath if the oath was specifically made to cut off a favor bestowed by the garment's owner?
General Chapter
Al-Mughni
Book of Expiations
Primary text
Wearing a garment concerning which an oath was sworn results in breaking the oath if the person was favored (i.e., indebted) by the owner concerning that specific garment. Similarly, benefitting from the price received from selling that garment also breaks the oath because it constitutes a benefit that maintains the sense of indebtedness. This is based on the principle that the means (asbab) associated with the oath are considered, and the ruling extends to them. If the intention was not to cut off the favor, nor did the context of the oath imply it, the oath is only broken by the specific action mentioned, which is wearing it.
Supporting text
If the intention was not to sever the favor, or the context of the oath did not necessitate it, then using the garment in any way other than wearing it, such as exchanging it for another garment and wearing the new one, using it for a purpose other than wearing, or selling it and benefiting from the price, does not break the oath because neither the wording, the intention, nor the associated reason encompasses those subsequent actions.