He—may Allah have mercy on him—was asked:
A man had a wife and a slave woman. He took the slave woman as a concubine, and his wife became jealous. He therefore swore never again to have intercourse with the slave woman, then freed her. She married and lived with her husband for a time, after which he died. May the man who freed her marry her?
He replied:
If his intention or the circumstances that prompted the oath indicate that he meant not to have intercourse with her as her owner, he may marry her and have intercourse with her. But if they indicate that he meant not to have intercourse with her under any circumstances, whether through ownership or marriage, he breaks his oath if he does what he swore not to do. And Allah knows best.
He—may Allah have mercy on him—was asked:
A man owed a sum of money to two people and said, “My wife is divorced three times over if the month ends before I pay them the sum.” Had he not sworn, he would have been imprisoned. Now he has not obtained the money, and today is the last day of the month. He fears that he will break his oath. If he divorces his wife once in return for compensation, will this protect him from the threefold divorce taking effect, or not?
He replied:
If he was wrongfully coerced into taking the oath, as would be the case if he was unable to repay the debt