Section: If he makes a gesture towards him, there are two views on this. Al-Qadi said: He violates his oath, because it is in the same sense as correspondence and written communication in terms of conveying meaning. The second view is that he does not violate his oath; this was mentioned by Abu al-Khattab, because it is not speech. God Almighty said to Mary, peace be upon her: {So say, 'Indeed, I have vowed a fast to the Most Merciful, so I will not speak today to any man'} [Qur'an 19:26], up to His saying: {Then she pointed to him} [Qur'an 19:29]. He also said regarding Zechariah: {Your sign is that you will not speak to the people for three nights, [while being] sound} [Qur'an 19:10], up to His saying: {So he came out to his people from the prayer chamber and signaled to them to exalt [God] in the morning and evening} [Qur'an 19:11]. This is because speech is composed of letters and sounds, which are not present in a gesture. Furthermore, speech is something audible, and prayer is invalidated by it; the Prophet (peace and blessings of God be upon him) said: "This prayer of ours does not allow for anything from human speech." A gesture is otherwise. If it is said: "But God Almighty has said: {Your sign is that you shall not speak to the people for three days, except by gesture}," we respond: This is an exemption from a different genus, as we have mentioned, and because of the validity of negating speech from it; one says: "He did not speak to him, he only gestured to him."

Section: If he speaks to someone other than the person sworn against, with the intention of making the person sworn against hear him, Ahmad said: He violates his oath, because he intended to speak to him. We have narrated from Abu Bakra Nufay' ibn al-Harith that he had sworn not to speak to his brother Ziyad. When Ziyad intended to go for Hajj, Abu Bakra came to Ziyad's palace, [entered, and took] a small son of Ziyad's into his lap, then said: "O nephew! Indeed, your father intends to go for Hajj, and perhaps he will pass by Medina and visit Umm Habiba, the wife of the Messenger of God (peace and blessings of God be upon him), with this lineage he claims," while knowing that it is not true and that it is not permissible for him. Then he stood up and left. This indicates that he did not consider that to be speaking to him. The basis for the first view is that he made him hear his words, intending for him to hear and understand them, so it resembles the case where he addressed him directly. A poet said: "I mean you, yet listen, O neighbor."