Does embracing Islam terminate an existing Ila sworn by a non-Muslim?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a Dhimmi who has sworn Ila subsequently embraces Islam, the ruling associated with that Ila does not terminate. This view is held by Abu Hanifa, Al-Shafi'i, and Abu Thawr.

Supporting text

Imam Malik holds that if the person embraces Islam, the legal effect of his oath is nullified.