An Oath with the Word Kullama

Question

Question: For example, Zayd, joining with friends, forcibly told Bakr and ‘Amr, over some matter: “You are both forbidden to talk to each other while you remain at the madrasa; if one of you goes somewhere and happens by chance to become the other’s guest, then in that case you may talk as usual.” He also said: “If, God forbid, one of you falls ill and those administering the oath (halifin) permit tending the sick, you may speak.” And he said to Bakr and ‘Amr: “Can the two of you swear an oath not to talk, or not?

Answer

In the case asked about, if Bakr and ‘Amr, while they remain at the madrasa, engage in any kind of conversation, they will break the oath (become hanith), whether they converse verbally or in writing; even if one of them, say Bakr, was present in some gathering and ‘Amr came and said “as-salamu ‘alaykum,” they will still break the oath.

Source: Fatawa Mahmudiyya

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