What is the ruling on swearing to kill someone who is already dead?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 3 · Bab 1

Open in Qurani

Primary text

Swearing to kill a specific person who is known to be deceased is treated as an act impossible by custom. This is because it is conceivable that God might resurrect the person, allowing the oath-taker to then kill him. Consequently, the oath is established according to our companions (Ashaabuna).

Supporting text

If the oath is to kill the deceased specifically *during* his state of death, then it is considered impossible by reason, leading to the divergence of opinion previously mentioned regarding truly impossible acts.