Does giving a gift constitute fulfillment of an oath sworn against giving a gift?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a person swears not to give a gift (*hība*) to someone, and subsequently gives that person a gift or grants them usufructuary property (*umrā*), the oath is broken (*hanith*). This is because both actions fall under the category of gift-giving. However, if the giving involves an obligatory charity (*ṣadaqa wājiba*), a religious vow (*nadhir*), or an expiation (*kaffāra*), the oath is not broken, as these are rights due to God that must be discharged, and thus are not considered a gift from the person.
Supporting text
The view of Al-Qaadi is that if one voluntarily gives charity (*ṣadaqa taṭawwuʿ*) to the person, the oath is broken, which is also the madhhab of Al-Shafi'i. Abu Al-Khaṭṭāb holds that the oath is not broken because charity and gift-giving differ in name and ruling; evidence is found in the hadith stating that something given as charity is charity for the recipient but a gift for the giver, citing the Prophet's acceptance of gifts but not obligatory charity. The counter-argument is that any lifetime gratuitous transfer of property breaks the oath, as charity is considered a type of gift where the name differentiation does not negate the underlying act of giving.