his due, and he was discharged from him by the payment. The Qadi said: He breaks his oath, because his oath is upon the actual right, and this is its substitute. If his oath was, "I will not part from you until you are discharged from my right," or "I have a right upon you," he does not break his oath in any case, because he no longer has a right upon him. This is the school of al-Shafi'i, and the first [position] is more correct, because he has obtained his due.

The tenth: He appointed an agent to obtain his due for him. If he parted from him before the agent obtained it, he breaks his oath, because he parted from him before obtaining his due. And if the agent obtained it, then he parted from him, he does not break his oath, because the obtaining of his agent is an obtaining for him, by which his debtor is discharged, and it becomes in the guarantee of the principal.

Section: As for if he said, "I will not part from you until I obtain my due from you," you must examine this: if the one against whom the oath was taken parts from him voluntarily, he breaks his oath. If he is compelled to part, he does not break his oath. And if the oath-taker parts from him voluntarily, he breaks his oath, except according to what the Qadi mentioned in the interpretation of the words of al-Khiraqi, which is the school of al-Shafi'i, and the rest of the branches follow here in a manner similar to what we have mentioned.

Section: And if his oath was: "We shall not separate," and the one against whom the oath was taken fled from him, he breaks his oath, because his oath implies that a separation does not occur between them in any way, and the separation has occurred by his fleeing. If they are both compelled to separate, he does not break his oath, except according to the position of those who do not view compulsion as an excuse.

Section: If he swore, "I will not part from you until I fulfill your due to you," and the debtor discharged him from it, does he break his oath? There are two views, based on the case of the one who is compelled. If the right is a specific item [ayn] and the debtor gifted it to him, and he accepted it, he breaks his oath, because he abandoned fulfilling it to him by his own choice. And if he took possession of it from him, then gifted it to him, he does not break his oath. And if his oath was: "I will not part from you while you have a right upon me," he does not break his oath if he discharges him or gifts the specific item to him.

Section: Separation in all of this is what people customarily count as separation. We have already mentioned separation in [the context of] a sale, and what he intended by his oath from among the meanings that his wording can bear, it is according to what he intended. And Allah knows best.