Continuation of the explanation of the author's statement: "And as for the one who does not refrain from an oath taken against him by a ruler or others, if he does it, he has broken his oath absolutely."
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The Shaykh : If a person swears an oath regarding someone whom custom does not establish as one who would refrain from the oath because he has no authority over him, then if he does the thing he swore against, he has broken his oath absolutely. He has broken his oath. The subject of "does" refers to whom? It refers to the one who swore, not the one who is being sworn at. For example, if he says to a man with whom he has no relationship, or to a man over whom he cannot swear with the intention of making him refrain, and swears that he will not do something, saying, "By Allah, you will not do this thing," then he breaks his oath absolutely. This means whether he did it while ignorant, while forgetting, while knowing, or while remembering. And know that people differ on this issue. So if you see two men disputing and you want to reconcile them, and they are disputing over a problem worth a thousand dirhams, and you reconcile them on the condition that one of them pays the other five hundred dirhams—five hundred is half of a thousand—and he says, "No, I do not accept; I must be given the entire thousand, or I will complain about him," and you say, "By Allah, you will take the five hundred," does this person refrain from the oath?
The questioner : ... .
The Shaykh : In the market, you have absolutely no relationship with him. Yes, he does not refrain from your oath. If he does not do it, you have broken your oath absolutely, because one who does not refrain from your oath cannot be the target of prohibition, and the foundation of an oath is built on prohibition and exhortation. This is its basis, or on verification or falsification. But perhaps these two disputants, if Zayd came to them, who has prestige in the town and whose word carries weight, and he accepts the reconciliation and refrains from the oath, then the matter differs according to whom? It differs according to the people. For example, if a man of honor and prestige in the city came to this disputing person and said, "By Allah, you will accept the five hundred," many people would be too shy and embarrassed to contradict the oath of this man who has honor and prestige in the city. And perhaps they would hope that if they agree with him, he will give them more than what they claimed, because he is a noble man with honor and prestige. So we might say that he is what? He refrains from the oath, and his ruling is the ruling of a son or a wife or the like.
The questioner : ... .
The Shaykh : In the market, you have absolutely no relationship with him. Yes, he does not refrain from your oath. If he does not do it, you have broken your oath absolutely, because one who does not refrain from your oath cannot be the target of prohibition, and the foundation of an oath is built on prohibition and exhortation. This is its basis, or on verification or falsification. But perhaps these two disputants, if Zayd came to them, who has prestige in the town and whose word carries weight, and he accepts the reconciliation and refrains from the oath, then the matter differs according to whom? It differs according to the people. For example, if a man of honor and prestige in the city came to this disputing person and said, "By Allah, you will accept the five hundred," many people would be too shy and embarrassed to contradict the oath of this man who has honor and prestige in the city. And perhaps they would hope that if they agree with him, he will give them more than what they claimed, because he is a noble man with honor and prestige. So we might say that he is what? He refrains from the oath, and his ruling is the ruling of a son or a wife or the like.