What is the ruling on breaking an oath when forced into the action that violates the oath?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a person is compelled to perform the act that violates their oath (such as being carried into a house after swearing not to enter, or being forcibly removed from a house without the ability to resist), the majority of scholars rule that the oath is not broken (i.e., the person does not commit *hanith*). This view is held by the companions of the opinion of *Al-Ra'y* (the Companions of Reason/Opinion). Imam Malik agrees in cases where the person entered while tied, arguing that since the person did not perform the entry or exit voluntarily, the oath is not broken, similar to a case where no such action occurred.

Supporting text

Imam Malik stated that if one enters while tied, the oath is not broken. Conversely, if the compulsion involves striking or threatening murder, there are differing narrations attributed to Abu al-Khattab, and two opinions from Al-Shafi'i. Imam Malik and Abu Hanifa rule that the oath is broken in cases of coercion by threat, analogizing it to expiation (*kaffarah*) being obligatory for forgetfulness, as expiation is not waived based on ambiguity.