its purpose, and his ruse was not accepted from him. Ahmad explicitly stated this, saying: If he swears that he will marry despite having a wife, and he marries an old woman or a Zanjiyah (a black woman), he does not fulfill his oath, because he intended to provoke her and distress her, and by this, she is neither provoked nor distressed. Ahmad justified this by saying that the wife is not provoked by it, and he did not stipulate that it must be her equal, because provocation does not depend on that. If he supposed that marrying an old woman or a Zanjiyah would provoke her, he would fulfill the oath by it. Ahmad only mentioned it because the prevailing norm is that it does not provoke her, as she knows he only did that as a ruse so as not to provoke her, and thereby fulfill his oath.

Section: If he swears, "I shall not keep a concubine (tasaraytu)," and then has intercourse with his slave girl, he breaks his oath. Abu al-Khattab mentioned this. The Qadi said: He does not break his oath until he has intercourse and ejaculates, whether he is a virile man or a castrate. Abu Hanifah said: He does not break his oath until he protects her (yuhsina-ha) and shields her from the people, because "tasarru" (concubinage) is derived from "al-sirr" (the secret). The followers of Al-Shafi'i have three views like this. We argue that "tasarru" is derived from "al-sirr," which is intercourse, because it happens in secret; Allah the Almighty said: "But do not make a promise to them in secret" [Surah Al-Baqarah: 235]. The poet said: "You will not seek her secret for wealth, nor will you abandon her for her asceticism." Another said: "Basbasah of the tribe claimed that I have grown old, and that my peers do not perform the act in secret well." Furthermore, every rule related to intercourse does not consider ejaculation or protection (tahsin), like all other rulings.

Section: If he swears not to give [a gift] to someone, and he gives him a present or grants him a life-tenancy (umra), he breaks his oath, because that is a type of gift. If he gives him something from obligatory charity (zakat), a vow, or an expiation, he does not break his oath, because that is a right of Allah the Almighty upon him that must be discharged, so it is not a gift from him. If he gives him voluntary charity, the Qadi said: He breaks his oath. This is the school of Al-Shafi'i. Abu al-Khattab said: He does not break his oath. This is the opinion of...