Is an oath binding if one conditions refraining from an act upon the will of another person?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a person swears, "By Allah, I will not drink, unless Zayd wills it," he prohibits himself from drinking unless Zayd's will occurs. If Zayd wills it, he may drink; if not, he must not drink. If Zayd's will is hidden due to absence, death, or insanity, he must not drink, and if he drinks, he violates his oath because he prohibited himself unless the will occurred, making drinking before its occurrence impermissible.

Supporting text

If Zayd's will remains hidden, he must not drink, as he permitted drinking only upon the occurrence of the will.