Does a void marriage or sale fulfill an oath conditioned upon marriage or sale?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If a person swears, 'If I marry you or sell you, you are free,' and he enters a void marriage, he is not freed, according to Al-Shafi'i. Abu Hanifa asserts that a void sale resulting in possession after receipt causes the oath to be violated because a void sale establishes ownership, whereas a void marriage does not free the person. The sounder view is that the term 'sale' refers only to a valid sale, evidenced by Quran 2:275, and therefore a lesser transaction does not incur violation, similar to void marriages or prayers.
Supporting text
Ibn Abi Musa stated that a void marriage does not incur violation, but there are two views on whether a void sale does. Another view suggests violation occurs in both void marriage and void sale if the invalidity is disputed, while a final view is that since both are void acts, no violation occurs, similar to those agreed upon as void.