of this residency, so the oath does not apply to it. Based on this, if he leaves by himself and leaves his family and property in the dwelling despite the possibility of moving them, he violates the oath. Al-Shafi'i said: He does not violate the oath if he leaves with the intention of relocating; because when he leaves with the intention of relocating, he is no longer a resident, as it is permissible for him to intend residency for himself alone, excluding his family and property. Our position is that residency is established by one's family and property; for this reason, it is said: 'So-and-so is a resident [in such-and-such country],' while he is personally absent from it. And if he settles in a country with his family and property, it is said: 'He resided in it.' If he settled there by himself, it is not said: 'He resided in it.' Their statement that he intended residency for himself alone is not valid; for whoever travels to a place to move his family there has not intended residency in it for himself alone, and thus he is similar to someone who travels [to purchase goods]. If he leaves intending residency for himself alone, separate from his family who are in the house, he does not violate the oath, and he is judged according to what is between him and Allah Almighty. Al-Qadi mentioned this. It was narrated from Malik that he considered the relocation of his family to be the criterion, not his property. The more correct view, if Allah wills, is that if he relocates with his family and resides in another place, he does not violate the oath, even if his belongings remain in the first place; because his residence is where his family dwells and where he intends to stay. For this reason, if he swore not to reside in a house he was not currently a resident of, and he settled in it with his family intending to reside there, he would violate the oath. Al-Qadi said: If he moves to it the things he uses for furnishings and utilizes in his household, he is a resident, even if he settles in it by himself.

Section: If he is coerced into staying, he does not violate the oath, due to the saying of the Prophet, peace and blessings be upon him: "My nation is excused for mistakes, forgetfulness, and what they are forced to do." The same applies if he is in the dead of night at a time when he cannot find a place to move to, or if closed doors stand between him and the house that he cannot open, or if there is fear for