or beating a slave, and the like, whenever he specifies its time and does not intend what requires its acceleration, nor does the cause of his oath require it, he does not fulfill his oath except by performing it at its [specified] time. The Qadi mentioned that he fulfills it by accelerating it before its time. This was also narrated from the companions of Abu Hanifa. Our position is that he did not perform what was sworn upon at its time, without an intention to divert his oath nor a [compelling] cause, so he breaks his oath, just as in fasting. If he performs part of what was sworn upon before its time, and part of it at its time, he does not fulfill his oath; because in an oath of affirmation, one does not fulfill it except by performing all of what was sworn upon. Thus, leaving part of it at its time is like leaving all of it, unless he intends not to exceed that time, or the cause of the oath requires it.

Section: Whoever swears not to sell his garment for ten, and sells it for that or less than that, he breaks his oath. If he sells it for more than that, he does not break his oath. Al-Shafi'i said: He does not break his oath if he sells it for less than that, because his oath did not cover it. Our position is that the custom regarding this is not to sell it for that or for less than that, evidenced by the fact that if he appointed a person to sell it and ordered him not to sell it for ten, he would not be permitted to sell it for less than that. Furthermore, this is an indication of his refusal to sell it for less than ten, and a ruling is established by intention just as it is established by wording. If he swears: "I will not buy it for ten," and he buys it for less, he does not break his oath. If he buys it for that or more, he breaks his oath for the reason we mentioned. The implication of the Shafi'i school is that he does not break his oath if he buys it for more than that, because his oath did not cover it in wording. Our position is that it covers it by custom and implication, so he is a breaker of the oath, just as if he swore: "He does not have a grain upon me." He breaks his oath if he owes more than that, and he is absolved by his oath from what is in excess of it, just as his acquittal from it. It was said to Ahmad: A man swore that he would not lower this garment below such-and-such. He said: "I have understood it, but..."