He has not entered the house, he only stood in the courtyard. If he swears not to ride, and then boards a ship, Abu al-Khattab said: He violates his oath, because it is riding. God Almighty says: "Embark therein; in the name of God is its course." And He said: "And when they board in the ship."
The third category is that the noun upon which the oath was sworn is general, but he attributes to it an action that is not customary, except for some of it, or it is famous for some rather than others. For example, if he swears not to eat a head (ra's), he violates his oath by eating every head of livestock, game, birds, fish, and locusts. This was mentioned by al-Qadi. Abu al-Khattab said: He does not violate his oath unless he eats a head that is customarily sold for consumption separately. Al-Shafi'i said: He does not violate his oath unless he eats the heads of cattle (baha'im al-an'am) and nothing else, unless he is in a land where game is abundant and their heads are distinguished, in which case he violates his oath by eating them. Abu Hanifa said: He does not violate his oath by eating the heads of camels, because custom does not dictate their sale for consumption individually. His two companions said: He does not violate his oath unless he eats the heads of sheep, because they are the ones sold in the markets rather than others, so his oath is directed toward them. The perspective of the first (opinion) is that these are heads in reality and custom, and are edible, so he violates his oath by eating them, just as if he had sworn not to eat meat, and then ate of ostrich or giraffe meat, and things whose presence and sale are rare.
Similarly, if he swears not to eat eggs, he violates his oath by eating the eggs of every animal, whether they are abundant, such as chicken eggs, or scarce, such as ostrich eggs. This is also the view of al-Shafi'i. The scholars of reason (Ashab al-Ra'y) said: He does not violate his oath by eating ostrich eggs. Abu Thawr said: He does not violate his oath unless he eats chicken eggs and what is sold in the market. Our evidence is that all of this is eggs in reality and custom, and it is edible, so he violates his oath by eating it, like chicken eggs. Also, because if he were to swear not to drink water,
(30) In B and M: "entered" (dakhaltu). (31) In M: "stood" (waqaftu). (32) Surah Hud, 41. (33) Surah al-'Ankabut, 65. (34) In M, there is an addition: "that". (35) In A, B, and M: "the head of every animal". (36) Omitted from B and M. (37) In M: "he violated" (fahanatha). (38) In M, there is an addition: "its presence".