He swore not to eat anything of Umar’s, then Umar gave it to him as a gift: what is the ruling?

Question

Question: Zayd swore: “I will not eat anything of Umar’s.” Now, if Umar gives Zayd something of his as a gift (hiba), or Zayd takes something from Umar as a loan and uses and eats it, or buys it and eats it — will Zayd break his oath (become hanith)?

Answer

Oaths are founded and based upon custom (‘urf). In custom, when it is said, “I will not eat anything of so-and-so’s,” what is meant is exactly this: even if he gives it to me as a gift and ends his ownership, I still will not eat it; and I will not eat his thing without his permission either.

Source: Fatawa Mahmudiyya

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