You wish." He replied: "No, until you say: 'To Armenia'." The correct view is that whenever she grants him a general permission, he does not break his oath. The judge (al-Qadi) said: "This statement of Ahmad is interpreted as having been made in a state of anger and aversion. If she had said this with a willing heart, it would constitute permission from her, and he would be permitted to leave, even if the wording was general."
Section: If he swore that he would depart from this house, or that he would leave this city, and he did so but then returned to it, he does not break his oath, unless his intention or the reason for his oath necessitates not returning to it, because the oath was regarding the departing and leaving, and he has fulfilled both. Isma'il ibn Sa'id narrated from him that if one swears regarding a man that he should leave Baghdad, and he leaves but then returns: "His oath has passed; there is nothing upon him." Muthanna ibn Jami' narrated from him, regarding someone who said to his wife: 'You are divorced if we do not depart from this house': "If death does not overtake him, and he did not intend anything else, it remains until she dies; if he departs, he does not return." The meaning of this is that if death overtakes him before it is possible to depart, he does not break his oath; if it was possible for him to depart but he did not do so, he does not break his oath until one of them dies, at which point the divorce takes effect at the last possible moment. As for his saying: "If he departs, he does not return," it is interpreted as applying to someone for whose oath there was a reason requiring the abandonment of the house permanently. Muhanna narrated, regarding a man who said to his wife: 'If you gave away such-and-such, you are divorced,' and she had already given it away. He said: "I fear that he may have broken his oath." The judge (al-Qadi) said: "This is interpreted as if he had said: 'If you have given it away.' Otherwise, he does not break his oath until she initiates the act of giving it away, because the oath necessitates a future action by which he would break it, and she did not do what he swore against after his oath." It was also narrated from him, regarding a man who said to his wife: 'If I see you entering the house, you are divorced': It depends on his intention; if he intended that she should not enter it...
(161) In A, B, and M: "annahu" (that he). (162) Omitted from M. (163) Omitted from B. (164) In B and M: "wahabtu" (I gifted). (165) In A and M: "wahabtu-hu" (I gifted it).