Explanation of the author's statement: "If he swears to have intercourse with his wife or to enter a house, his oath is bound to having intercourse with her and entering the house"
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The Shaykh :"And if he swears to have intercourse with his wife or to enter a house, his oath is bound to having intercourse with her and entering the house" This is known. A man says, "By Allah, I will have intercourse," yes, "By Allah, I will not have intercourse with my wife," so he goes and has intercourse with her. What do we say to him? He has broken his oath. He says, "How did I break it? Intercourse? I stepped on her with my foot. I did not step on her with my foot just now." We say, but custom has prevailed, what? Over the linguistic meaning. So custom has prevailed over the linguistic meaning. Even if he said, "By Allah, I will have intercourse with my wife," affirmatively, and his wife said to him, "You did nothing," and he said, "Did I not step on your foot? I stepped on your foot," what does he say?
The questioner : ... .
The Shaykh : Did he fulfill his oath or not? He said, "By Allah, I will have intercourse with my wife," so he stepped on her foot. Did he fulfill it or not?
The questioner : No, he did not fulfill it.
The Shaykh : He did not fulfill it, because the ruling is tied to intercourse, since the literal meaning, which is stepping on the foot, has been abandoned, and custom has made "having intercourse with the wife" what? Intercourse with her. Okay. And "entering the house"?
The questioner : Entering.
The Shaykh : Entering the house. It is known, and it appears that even this is difficult in the Arabic language for a person to step on the entire house with his foot, the reason being that the house is larger than the foot, unless a person ... moves his leg from place to place to complete it, but this is far-fetched. So if he says, "By Allah, I will not step on this house," yes, and then he enters it.
The questioner : He has broken his oath.
The Shaykh : He has broken his oath? Okay, he entered it while being carried. He said to someone, "I swore I would not step on the house, but come, carry me." Does he break his oath?
The questioner : ... .
The Shaykh : Yes, he breaks his oath. Let us leave aside the intention that he might have an intention; that is another matter. But if he has no intention, we say that if he entered it, whether he entered on his foot, while being carried, or in any manner, then he has broken his oath, because this is the meaning of stepping on the house. This is well-known among people. They say, "By Allah, I will not step on this place," or "By Allah, I will not step on so-and-so's house," or "By Allah, I will not step on so-and-so's shop," for example. So it is tied to what? To his entering it.
The questioner : ... .
The Shaykh : Did he fulfill his oath or not? He said, "By Allah, I will have intercourse with my wife," so he stepped on her foot. Did he fulfill it or not?
The questioner : No, he did not fulfill it.
The Shaykh : He did not fulfill it, because the ruling is tied to intercourse, since the literal meaning, which is stepping on the foot, has been abandoned, and custom has made "having intercourse with the wife" what? Intercourse with her. Okay. And "entering the house"?
The questioner : Entering.
The Shaykh : Entering the house. It is known, and it appears that even this is difficult in the Arabic language for a person to step on the entire house with his foot, the reason being that the house is larger than the foot, unless a person ... moves his leg from place to place to complete it, but this is far-fetched. So if he says, "By Allah, I will not step on this house," yes, and then he enters it.
The questioner : He has broken his oath.
The Shaykh : He has broken his oath? Okay, he entered it while being carried. He said to someone, "I swore I would not step on the house, but come, carry me." Does he break his oath?
The questioner : ... .
The Shaykh : Yes, he breaks his oath. Let us leave aside the intention that he might have an intention; that is another matter. But if he has no intention, we say that if he entered it, whether he entered on his foot, while being carried, or in any manner, then he has broken his oath, because this is the meaning of stepping on the house. This is well-known among people. They say, "By Allah, I will not step on this place," or "By Allah, I will not step on so-and-so's house," or "By Allah, I will not step on so-and-so's shop," for example. So it is tied to what? To his entering it.