It is derived from the term "kalm," which means a wound, because it affects the person in a manner similar to a wound, and this cannot occur except by making them hear it. As for the Prophet (peace and blessings of Allah be upon him) speaking to the dead, that is among his miracles (49), for he said: "You are no more able to hear what I say than they are." This has not been established for anyone else. The saying of the Companions of the Prophet (peace and blessings of Allah be upon him): "How do you speak to bodies that have no souls in them?" is an argument in our favor, as they said it out of considering it unlikely, or as a question regarding something whose cause and wisdom were hidden from them (50), until the Prophet (peace and blessings of Allah be upon him) revealed to them the wisdom of it through a matter specific to him, thus the matter remains one of negation regarding anyone else. If he swears: "I will not speak to so-and-so," and speaks to him while he is intoxicated, he commits a breach, because an intoxicated person is spoken to and commits a breach, and his being spoken to in his state of intoxication might be more harmful than speaking to him in his sobriety. If he speaks to her while she is intoxicated, he commits a breach, because her ruling is that of a sober person. If he speaks to him while he is a child or an insane person who can hear (51) and knows that he is being spoken to, he commits a breach. If she becomes insane, then speaks to him, he does not commit a breach, because the Pen is lifted from her, and her speech no longer has any legal standing.

Section: If he swears not to speak to a person and speaks to him in a way that he can hear, but he does not hear due to being preoccupied or inattentive, he commits a breach, because he did speak to him, and he only failed to hear due to his inattentiveness or the preoccupation of his heart. If he speaks to him without knowing him: if his oath was by divorce, he commits a breach. Ahmad said, regarding a man who swore by divorce not to speak to his mother-in-law, and saw her at night and said, "Who is this?": He has committed a breach, for he has spoken to her. If his oath was by Allah the Exalted, or an oath requiring expiation, the correct view is that he does not commit a breach, because he did not intend to speak to him; he is thus like one who forgets, and because he thought the one he swore about was someone else, he is thus like one who utters an idle oath. If he greets him, he commits a breach, because he has spoken to him by greeting. If he greets a group that he is among, and he intends all of them with the greeting, he commits a breach;