What is the ruling regarding making an exception ('In sha Allah') after a period of silence following an oath?
General Chapter
Al-Mughni
Book of Oaths
Primary text
Imam Ahmad reported that the Prophet (peace be upon him) said to Abd al-Rahman ibn Samurah: "If you swear an oath and then see that something else is better than it, then make expiation for your oath," without mentioning exception, suggesting exception is not always an option. However, another narration from Ahmad permits exception if the intervening period is not prolonged. This is supported by the narration concerning the Prophet's statement regarding conquering Quraysh, where he paused and then said, 'In sha Allah,' indicating a near exception following silence. This position implies that the exception is valid if the intervening period is not long and no extraneous speech occurs.
Supporting text
Some companions of Ahmad suggested that the exception is valid as long as the person remains in the place of swearing (al-majlis). This view is attributed to Al-Hasan and 'Ata. Qatadah stated that one can make the exception before getting up or speaking. However, this view is deemed incorrect because establishing temporal limits such as the time in the sitting place or the time it takes to milk a camel is based on arbitrary control rather than established legal textual grounding (tawqif).