What fulfills an oath sworn to marry (Liyatazawjann)?
General Chapter
Al-Mughni
Book of Oaths
Primary text
An oath sworn to marry is fulfilled by entering into any valid marriage, regardless of whether the person already has a wife, or whether the new wife is equivalent, inferior, or superior to the existing wife. However, if the marriage is a stratagem intended to nullify the oath without achieving its intended purpose, such as marrying someone one has agreed upon not to cause jealousy with, the oath is not fulfilled. Our companions, along with Malik, maintain that if one swears to marry another wife while already married, the oath is only fulfilled by marrying a wife equivalent to the first and consummating the marriage, as the intent was to cause jealousy, which only occurs through such an action.
Supporting text
The proof for the general fulfillment is that a valid marriage contract fulfills the oath, just as marrying an equivalent wife and consummating it would. The contention that jealousy only occurs with an equivalent wife and consummation is disputed, as jealousy can arise from mere proposal. Furthermore, one is not obliged to marry two, three, or a wife superior to the equivalent, as the oath only stipulated marriage. Ahmad stipulated that if one marries an old woman or a Black woman, the oath is not fulfilled because the intent was to cause jealousy, and these actions typically do not cause it. Ahmad's ruling is based on what does not cause jealousy, not strictly requiring equivalence, as jealousy does not depend on equivalence.