However, if he intended by his oath the personal performance of the thing sworn against, or if the cause of his oath implies it, or if his situation provides context, it is restricted to that; because an unrestricted statement is qualified by one's intention or by what indicates it, resembling the case where he expresses it explicitly in his speech. If he swears that he will certainly purchase, sell, or beat, and appoints someone who does that, he fulfills his oath for the same reasons we mentioned regarding the prohibition, and this is why when the Messenger of Allah (peace and blessings of Allah be upon him) said: "May Allah have mercy on those who shave their heads," it encompassed those whose heads were shaved by his command.

Section: If he swears that he will certainly divorce his wife, or that he will not divorce her, and appoints someone who divorces her, or says to her, "Divorce yourself," and she divorces, or says to her, "Choose," or "Your affair is in your hands," and she divorces herself, he fulfills or breaks his oath, and the disagreement regarding this is as previously mentioned. If he says, "You are divorced if you wish," or "if you stand up," and she wishes or stands up, he breaks his oath without disagreement; because the divorce comes from him, and she only realized the condition.

Section: If he swears not to beat his wife, and slaps her, punches her, or hits her with a stick or other implement, he breaks his oath without disagreement. If he bites her, strangles her, or pulls her hair in a way that causes her pain, intending thereby to harm her, he breaks his oath. Abu Hanifah also stated this. Al-Shafi'i said: He does not break his oath; because that is not called beating, so he does not break his oath by it, just as if he insulted her with an insult that pained her. It has been narrated from Ahmad what points to this; for Muhanna narrated from him, regarding someone who said to his wife, "If I do not beat you today, you are divorced," and he bit her, pinched her, or grabbed her hair, that it is according to what he intended by that. Al-Qadi said: The apparent meaning of this is that he did not include it in the general name of beating. Our argument is that in common usage, this is used for the infliction of pain and injury to the body, so it includes everything we have disagreed upon. This is why it is said, "They beat each other (tadaraba)," if each of them did this to the other, even if they had no tool with them. It differs from an insult, for that does not pain the body, but rather pains the heart.