in it, except that the apparent meaning is that he does not disagree regarding a bequest and a gift, because the name applies to them without acceptance. For this reason, when Allah the Almighty said: "It is prescribed for you, when death approaches one of you, if he leaves wealth, that he should make a bequest to parents and relatives" [Surah Al-Baqarah: 180], He only intended the offer, not the acceptance. Furthermore, a bequest is valid before the death of the testator, at which time there is no acceptance.

Section: If he swears not to marry, he breaks his oath by the mere offer and proper acceptance. We know of no disagreement regarding this, because the legal designation is achieved by that, so his oath covers it. If he swears that he will marry, he fulfills his oath, whether he has a wife or not, and whether he marries someone equal to her, someone inferior, or someone superior, unless he uses a ruse to dissolve his oath by a marriage that does not achieve its intended purpose, such as conspiring with his wife for a marriage that does not provoke her jealousy in order to fulfill his oath; he does not fulfill his oath by this. Our companions said: If he swears that he will marry despite having a wife, he does not fulfill the oath until he marries someone equal to her and consummates the marriage. This is the opinion of Malik, because he intended to provoke his wife, which is only achieved by that. We argue that he has contracted a valid marriage, so he fulfills the oath, just as if he had married her equal and consummated the marriage. Their statement that jealousy is only achieved by marrying her equal and consummating the marriage is not conceded; for jealousy is achieved by the mere betrothal. Even if what they mentioned results in an increase in jealousy, he is not obligated to exceed the jealousy that is achieved by what his oath covered, [just as he is not obligated to marry two or three, or someone higher than her equal, and what his oath covered] is the mere act of marriage. For this reason, if he swore not to marry despite his wife, he would break his oath by this; thus, fulfillment of the oath is achieved by it as well, because the designated meaning is one; what it covered in the negative, it covers in the affirmative. He only fails to fulfill it if he enters into a marriage by which jealousy is not achieved, as in the scenario and its counterparts we mentioned; for oaths are based on purposes and intentions, and his purpose was not achieved, and because the marriage here is achieved as a ruse to escape his oath through something that does not achieve