was only because the apparent intent of the one who swore is to abandon and dissociate from the house, and remaining in it contradicts that; thus, it is treated in the same manner as one who swears to abandon residing therein.

Section: If he swears not to lie down with his wife on a bed while they are both lying down, and he continues in that state, he violates the oath; because the act of lying down applies to the continuation of the act, which is why it is said: "He lay on the bed for a night." If he were lying on the bed alone, and she lay down beside him on it, you must consider: if he rises immediately, he does not violate the oath, but if he continues in that state, he violates it, for the reason we mentioned. If he swears not to fast while he is fasting, and he completes his day, the Qadi said: He does not violate the oath. However, it is possible that he does violate it, because fasting applies to the continuation of the act; it is said: "He fasted for a day." If he began fasting on the day of the 'Eid, thinking it was from Ramadan, but it turned out to be the day of 'Eid, it became forbidden for him to continue it. If he swears not to travel while he is traveling, and he begins his return or stays put, he does not violate the oath; but if he proceeds in his journey, he violates it, because continuation constitutes traveling, which is why it is said: "I traveled for a month."

Section: If he swears not to wear this garment, and it was a rida' (mantle) at the time he swore, and he used it as a mantle, or a waist-wrap, or a turban, or made it into a shirt, or trousers, or a qaba' (outer coat), and wore it, he violates the oath. [Likewise, if it was a shirt and he used it as a mantle, or if it were trousers and he used them as a waist-wrap, he violates the oath.] This is the correct position in the school of al-Shafi'i, because he has indeed worn it. If he said in his oath: "I will not wear it while it is a mantle," and then he changed it from being a mantle and wore it, he does not violate the oath, because the oath was specifically concerning his wearing it as a mantle. If he said: "By Allah, I will not wear anything," and then he wore a shirt, or a turban, or a cap, or a coat of mail, or a breastplate, or a khuff (leather sock), or a sandal, he violates the oath. The companions of al-Shafi'i said: Regarding the khuff and the sandal, there are two opinions; one of them is that he does not violate the oath.