If he merely makes a gesture, he does not break his oath, because a gesture is not speech.

His statement, “If he swears not to do something and then appoints someone to do it, he breaks his oath”: This is because the agent stands in the place of the one who appoints him. The Prophet, peace and blessings be upon him, appointed Ali ibn Abi Talib, may Allah be pleased with him, to slaughter the camels he had offered as sacrificial animals. (1) Thus, if he says, “By Allah, I will not sell my house,” then appoints someone to sell the house, he breaks his oath, because the agent stands in the place of the one who appoints him. Likewise, if he says, “By Allah, I will not slaughter my camel,” then appoints someone to slaughter it, he breaks his oath. But if he says, “By Allah, I will not ride in the car,” then appoints someone to ride in it, he does not break his oath, because that is not an act done on his behalf—unless what he means is, “By Allah, I will not ride in the car to visit so-and-so.” If he then appoints someone to ride in it to visit that person, he breaks his oath.

His statement, “unless he intends to do it personally”: If he says, “By Allah, I will not sell my house,” intending that he himself will not personally undertake its sale, then, if he appoints someone to sell it, he does not break his oath, because intention takes precedence, as mentioned previously.

Yet someone may ask: What benefit is there in this? If he says, “I intended not to undertake the sale myself,” does he have some purpose in doing so? We say: Yes, he may have a purpose. For example, he may think that, if he were to sell it himself, some people would be lax in paying the price, saying, “He is a good man; whenever Allah provides for me, I will pay him.” But if he appoints someone else to sell it, that person will press him and say, “Give me the payment.”

Likewise, if he says, “By Allah, I will not buy so-and-so’s car,” and appoints someone