Is an oath binding if conditional upon the will of a specific person who subsequently wills the act?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a person swears, "By Allah, I will drink today, if Zayd wills it," and Zayd wills it, the oath-taker becomes bound to drink. If the oath-taker refrains until the day passes, he has violated his oath (hanith). The obligation of the oath is established upon the fulfillment of Zayd's will.

Supporting text

If Zayd did not will it, the oath is not binding. If Zayd's will is unknown due to absence, insanity, or death, the oath is dissolved because the condition was not met.