Oaths Related to Buying and Selling


Bahishti Zewar, Fiqh, Part 3-Fasting, Zakaat, Qurbani, Hajj etc. / Sunday, August 31st, 2008

1. A person took an oath that he will not purchase a
certain item. Thereafter he asked someone to purchase it for him. If that person
purchases it, his oath will not break. Similarly, a person took an oath that he
will not sell a certain item of his. Thereafter, he asked someone to sell it for
him. If that person sells it, his oath will not break. The same rule will apply
to rental transactions. If he took an oath that he will not rent a particular
house, and thereafter took it on rent through someone else, his oath will not
break.

However, if he intended that he will not do these
things himself nor will he ask someone else, then by someone else doing these
things on his behalf, his oath will break. In other words, the rules will apply
according to the intention that he makes. However, if the person is one who does
not carry out such transactions himself, or if a woman is in purdah and
does not carry out such transactions herself and they are used to relegating
such tasks to orders, then in such a case even if someone else does the buying
and selling on their behalf, their oaths will break.

2. A person took an oath that he
will not beat his child. Thereafter, he ordered someone else to beat him. His
oath will not break.

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