The correct view, however, is that he has not broken his oath, just as if it were an oath by Allah.

If he swears concerning a ruler or anyone else who does not refrain because of his oath, and that person does it, then he has broken his oath in every case. If he himself, or someone else whom he intended to prevent, does only part of what he swore concerning in its entirety, he has not broken his oath—unless he had a specific intention.

His statement, “If he swears concerning a ruler or anyone else who does not refrain because of his oath, and that person does it, then he has broken his oath in every case”: this is the second scenario—namely, that he swears concerning someone who will not refrain because of his oath, does not care about it, and does not try to please him by honoring his oath. If that person does what was sworn about, then the swearer has broken his oath in every case.

Regarding his statement, “in every case,” the scholars say that when the expression “in every case” is used, its intended scope is understood from what precedes it or what follows it. Here, it is understood from what precedes: he has broken his oath in every case, whether it is an oath, divorce, or emancipation; whether he knew or was ignorant; whether he remembered or forgot. There is no difference.

An example of this is a man who sees someone in the marketplace intending to carry a bundle of fodder on his head. He says, “By Allah, do not carry it,” though neither of them knows the other. Then the person concerning whom he swore forgets and carries it. The swearer has broken his oath, because, in principle, he has no authority to compel that person. His oath therefore takes the form of a pure condition: whenever the condition is found, what is conditional upon it follows. In reality, an oath resembles a condition. Thus, if he says to him, “By Allah, do not carry it,” while that person is one who will neither refrain because of his oath nor care about it, and he carries it forgetfully, we say to the swearer: you have broken your oath and must offer expiation, because you have no right to compel him. Your oath has therefore become a pure condition: when the condition—his carrying this fodder—is found, what is conditional upon it—namely, the expiation—is also found.

The apparent meaning of the author’s words is that he has broken his oath in every case, whether he intended to compel or to honor him. At times, he may intend to honor him, saying, “By Allah, do not…”