He does not violate the oath. As for us, it is a garment in reality and by custom, so he violates the oath by wearing it, just like [other] garments. In the Hadith, it is mentioned that the Negus presented the Prophet (peace and blessings of Allah be upon him) with two khuff (leather socks), and he wore them. It was said to Ibn Umar: "Do you wear these sandals?" He replied: "I saw the Messenger of Allah (peace and blessings of Allah be upon him) wearing them." If he leaves a cap on his foot, or inserts his hand into a khuff or a sandal, he does not violate the oath, because that does not constitute wearing them.
Section: If he swears that he will certainly clothe his wife in jewelry, and he clothes her in a silver ring, or a necklace of pearls, or jewels alone, he has fulfilled his oath. This is also the position of al-Shafi'i. Abu Hanifa said: "He has not fulfilled it, because it is not jewelry on its own." As for us, there is the saying of Allah the Almighty: "And extract from it ornaments which you wear" [Al-Nahl: 14]. Allah the Almighty also says: "They will be adorned therein with bracelets of gold and pearl" [Al-Hajj: 23]. It has come in a Hadith, narrated from Abdullah ibn Amr, that he said: The Messenger of Allah (peace and blessings of Allah be upon him) said to the Eastern Sea: "I am placing in you ornaments, game, and perfume." Furthermore, since silver is jewelry when it is a bracelet or an anklet, it is jewelry when it is a ring, like gold; and jewels and pearls are jewelry when accompanied by others, so they are jewelry on their own, like gold. If he clothes her in carnelian or sabaj (black beads), he has not fulfilled the oath. Al-Shafi'i said: "If they are among the people of the Sawad (the rural region of Iraq), he has fulfilled it, and regarding others, there are two views; because this is jewelry according to their custom." As for us, this is not considered jewelry, so he does not fulfill the oath by it, just like cowrie shells or glass beads. What they mentioned is invalidated by [the case of] cowrie shells. If he swears not to wear jewelry, and he wears dirhams or dinars in a string, there are two views regarding this: one of them is that he does not violate the oath, because it is not jewelry if he is not wearing it [as such], and the same applies if he wears it. The second is that he violates the oath, because it is gold and silver that he has worn, so it is jewelry,
(15) Reported by Abu Dawud, in: Chapter on Wiping over the Khuffayn, from the Book of Purification. Sunan Abi Dawud 1/34. Al-Tirmidhi, in: Chapter on what has been said regarding black khuff, from the Chapters of Adab. Aridat al-Ahwadhi 10/260. Ibn Majah, in: Chapter on what has been said regarding wiping over the khuffayn, from the Book of Purification, and in: Chapter on black khuff, from the Book of Clothing. Sunan Ibn Majah 1/182, 2/1196. Imam Ahmad, in: al-Musnad 5/352. (16) See: Jami' al-Usul 11/272. (17) In M: "fa-labisaha" (so he wore it). (18) Surah al-Nahl 14. (19) Surah al-Hajj 23. (20) See: al-Durr al-Manthur, in the commentary on verse 14 of Surah al-Nahl 4/113. (21) Al-sabaj: black beads.