Is the oath of *Ila'* valid if uttered in a language the speaker does not understand?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

If one who does not know the meaning of a non-Arabic phrase performs *Ila'* using it, he is not considered a *Muli*, even if he intended the meaning associated with that phrase among its speakers. The same ruling applies if an Arabic speaker performs *Ila'* using Arabic words whose meaning he does not know. This is because making an oath (*Ila'*) is invalid if performed with words whose meaning is unknown to the speaker.

Supporting text

If the spouses disagree regarding whether the husband knew the meaning of the language used, the statement of the husband is accepted, provided he spoke in a language other than his own, because the presumption is that he does not know that foreign language.