the outer garment (al-qaba'). Nor a mat (hasir), which is imprisonment, and similar examples. Whenever he is not an oppressor, and he swears and intends this by it, his oath is connected to what he intended. If he had a wife on a staircase, and he swore against her that she should not descend from it, nor ascend from it, nor stand on it, she may move from it to another ladder, and descend if she wishes, or ascend, or stand on it; because her descent only occurred from other than it, if it was in his oath, and she did not move from it, she is carried forcibly. If he was on a ladder, and he had two wives, one in the room and the other in the lower house, and he swore: "I will not ascend to this one, nor descend to the other one." The lower one may ascend, and the upper one may descend, then he may descend if he wishes or ascend.
Section: Abdullah ibn Ahmad said: I asked my father about a man who said to his wife: "You are divorced if I do not have intercourse with you today, and you are divorced if I bathe from you today, and you are divorced if I miss a prayer because of it." He said: He prays Maghrib, then has intercourse with her, and when the sun sets, he bathes, if he did not mean by his saying: "I bathed," the intercourse. He said regarding a man who said to his wife: "You are divorced if I do not have intercourse with you in Ramadan." Then he traveled a distance of four days, or three, then had intercourse with her. He said: "It does not please me, because it is a trick, and I do not like tricks in this or in other things." The Qadi said: Ahmad only disliked this because the travel that permits breaking the fast must be an intended, permissible travel, whereas this person intends nothing by it other than fulfilling the oath. The correct view is that the oath is resolved by this, and it is permissible for him to break his fast in it; because it is a long, permissible travel for a valid purpose, and the desire to fulfill his oath is among the valid purposes. We have already permitted one who has two routes, a short one in which prayer is not shortened, and a long one, to take the long one in order to shorten his prayer in it and break his fast, even though he has no intention other than the concession. So it is even more appropriate here.
(33) Omitted from A, M, and in B: "wa-in kanat" (and if she was). (34) In B: "wa-kanat" (and she was). (35) Omitted from A, B, M. It is from the marginalia of the original, and with it the issue is completed. (36) Omitted from the original and B. (37) In A, B: "al-rukhas" (concessions).
