it is impossible to drink all of it, so the oath attaches to a part of it, as if he swore not to speak to the people, but then spoke to some of them. Through this, it differs from the water of a waterskin. If he intended by his oath the performance of the entirety, or if his wording implied that, he does not violate the oath unless he performs the entirety. If he says: "By Allah, I will not fast for a day," he does not violate the oath until he completes it. If he swears: "I will not perform a prayer, nor will I eat a meal," he does not violate the oath until he completes the prayer and the meal. If he says to his wife: "If you have a menstrual period, you are divorced," she is not divorced until she becomes pure from a future period. If he says to his two wives: "If you both menstruate, you are both divorced," neither of them is divorced until they both menstruate. This and its likes indicate that he intended the performance of the entirety, so it is necessary for the oath to attach to it. Ahmad said regarding a man who said to his wife: "If you fast a day, you are divorced," that when the sun sets on that day, she is divorced. The Qadi said: If he swears, "I will not perform a prayer," he does not violate the oath until he finishes that which is called a prayer. If he swears he will not pray and will not fast, he violates the oath in prayer by the Opening Takbir, and in fasting by the dawn, if he intended to fast. This is the opinion of al-Shafi'i. Abu Hanifah agreed regarding fasting, but said regarding prayer: "He does not violate the oath until he performs a prostration." As for us, he is called a performer of prayer by entering into the prayer, so he violates the oath by it, just as if he had performed a prostration. Furthermore, he has begun what he swore against, resembling fasting in which he begins. Abu al-Khattab chose the view that he does not violate the oath until he performs a rak'ah with its two prostrations, and he does not violate the oath in fasting until he fasts a full day; because what is less than that is not, by itself, a fast or a prayer. The first view is more appropriate, for every part of that is prayer and fasting, but its completion is a condition for its validity. Likewise, it is said to one who ruins that: his fast and his prayer have become void.

1832- Issue: He said: (And whoever swears that he will not wear a garment while he is wearing it, he must remove it immediately; if he does not, he violates the oath).

The summary of this is that whoever swears he will not wear a garment while he is wearing it, then if he removes it immediately, he does not violate it; otherwise, he violates the oath.