Al-Shafi'i said: He does not violate his oath in either case, because he swore regarding his own action, so he does not violate his oath by the action of another, just as with all other actions.

Section: If a man swears by God not to do something, and another says to him, "My oath is in your oath," nothing is incumbent upon him, because the first oath is not a container (zarf) for the second. If he intends that "the same oath that is incumbent upon you becomes incumbent upon me," its ruling does not become incumbent upon him, because he is the one who determines the judgment (al-qadi), and this is the school of Al-Shafi'i, because an oath by God is not established by allusion (kinayah), as the attachment of an expiation to it is due to the sanctity of the expression of God’s respected name, or one of His attributes, and that is not present in allusion. If he swears by divorce, and another says, "My oath is in your oath," intending thereby that the same oath that is incumbent upon you becomes incumbent upon me, his oath is established. Ahmad explicitly stated this. He was asked about a man who swore by divorce not to speak to a man, and another man said, "And I am upon the like of your oath?" He said: "Upon him is the like of what the one who swore said," because allusion is admissible in divorce, and likewise in the oath of manumission (ataq) and zihar. If he did not intend anything, his oath is not established, because allusion does not function without intention, and this is not explicit. If the person addressed [had not yet sworn, but only intended that the same oath which is incumbent upon the other becomes incumbent upon himself by an oath he makes, and the addressed person then swore], the oath of the speaker is not established, even if it is regarding divorce or manumission, because there must be something being alluded to, and there is nothing here being alluded to. The Qadi mentioned, in another place, regarding one who says, "The oaths of the bay'ah (oath of allegiance) are incumbent upon me," that if he knows them and intends all that is in them, his oath is established by all that is in them. This is contrary to what he said in this issue, so there are two opinions regarding it.

Section: If he says, "The oaths of the bay'ah are incumbent upon me." Abu Abd Allah Ibn Battah said: I was in the presence of Abu al-Qasim al-Khiraqi, and a man asked him about the oaths of the bay'ah. He said: "I do not issue any fatwa regarding them, and I have not seen any of our sheikhs issuing a fatwa regarding this oath." He said: My father, may God have mercy on him—meaning Abu Ali—used to be wary of speaking about them. Then Abu al-Qasim said: "Unless the swearer commits himself to all the oaths contained therein." The questioner said to him: "Whether he knows them or does not know them?" He said: "Yes." The oaths of the bay'ah are those which