What happens if the claimant initially waives the oath but later desires to seek it?

General Chapter

Al-Mughni

Book of Judiciary

Book 62 · Issue 11 · Bab 1

Open in Qurani

Primary text

If the claimant initially foregoes asking the defendant to swear but later wishes to demand the oath based on the preceding claim, it is permissible, as their right to the oath has not been forfeited, only postponed. If the claimant states, 'I absolve you from this oath,' their right to that specific oath in that claim is waived, though they retain the right to initiate a new claim, as the right itself is not extinguished by absolving from the oath.