What is the ruling if a person introduces an exception into their oath?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the person includes an exception in his oath, he is not considered a Muli, according to the consensus of all scholars. This is because no expiation is incurred upon breach of the oath, meaning the breach does not establish a right against him.

Supporting text

If the oath involved divorce or manumission, the effect of the exception is debated. Those who hold that the exception is inoperative regarding divorce and manumission treat its presence as its absence, meaning the person is still considered a Muli whether an exception was stated or not.