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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 557

Translation · EN

the future, emphasized by an oath. The announcement of performing an act requires performing all of it. As for if he swore not to enter, and he inserted part of himself, or swore not to perform an act, and he performed part of it, there are two narrations. One of them is that he violates the oath. This was narrated from Malik because an oath implies prevention from performing that which is sworn against, so it implies prevention from performing any part of it, like a prohibition. The analogy of swearing against entering is the saying of the Almighty: {And enter the gate bowing} [Quran 4:154], and {Enter upon them through the gate} [Quran 5:23]. The one commanded is not considered compliant except by entering with his whole [body]. The analogy of swearing against refraining from entry is His saying, the Almighty: {Do not enter houses other than your own houses} [Quran 24:27], and His saying: {Do not enter the houses of the Prophet} [Quran 33:53]. The one prohibited is not considered compliant except by refraining from entering altogether. Likewise, the swearer against entering does not fulfill the oath except by refraining from it altogether. So whenever he inserts part of himself, he has not been a refrainer from what he swore against, and he is thus in violation, like one prohibited from entering. The aspect of synthesis between them is that the commander and the prohibitor intend to compel the performance of the act or the prohibition from it, and the swearer intends that with his oath, so they are the same. This is confirmed by the fact that the one who commands an act and the one who swears to it intends the performance of the whole, so he is not compliant or fulfilling the oath except by performing the whole of it. The one who prohibits and the one who swears to refrain intends the refraining from the whole, so he is not compliant or fulfilling the oath except by refraining from the whole. The doer of a part has neither done the whole nor refrained from the whole, so he is not compliant with the command or the prohibition, nor is he fulfilling the oath regarding the performance or the refraining. The second narration is that he does not violate the oath unless he enters with his whole [body]. He said,

Notes

(4) Omitted from M. (5) In M: "wa la". (6) In M: "la yahnath" (he does not violate the oath). (7) In M: "al-halif" (the swearer). (8) Surah al-Nisa 154. (9) Surah al-Ma'idah 23. (10) Surah al-Nur 27. (11) Surah al-Ahzab 53. (12) In B and M: "ka-al-nahy" (like the prohibition). (13) In M: "aw al-halif" (or the swearer). (14) Omitted from the original. Transcription review. (15) In M: "bil-half" (by the oath).

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