Does appointing an agent to perform an action one swore an oath not to perform invalidate the oath or cause violation?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a person swears not to perform an action, such as buying from or striking someone, and then appoints an agent to do it, the oath is broken. This is the general rule: whoever swears not to do something and appoints an agent to do it, violates the oath, unless the person intended only to perform the act directly by themselves. This view aligns with the positions of Malik and Abu Thawr.
Supporting text
Al-Shafi'i argues that the oath is not broken unless the person intended through their oath not to delegate the action, or if the action is one they habitually perform themselves, based on the reasoning that attributing an action generally implies direct execution, similar to how an agent cannot further delegate a sale entrusted to them. Regarding swearing not to strike or marry and delegating the act, the ruling varies; for swearing not to sell and delegating the sale, some scholars hold no violation occurs, while for striking or marrying, violation occurs.