The kullama oath and its solution

Question

Zayd uttered with his tongue only this: «میں نے کلما کی قسم کھائی ہے» (“I have sworn kullama”), and his intention was: “Whenever I contract nikah with any woman, talaq to her.” And Zayd did not connect the oath with Allah or His attributes. Will the oath be constituted or not? Note: whether the oath is constituted or not — if there is any way to break the kullama oath, please write it; and if there is not, then if there is any way to contract nikah, please be sure to write it.

Answer

An oath is based on the words, not on the purposes, as is stated explicitly in fiqh: [ar]مبنى الأيمان على الألفاظ دون الأغراض[/ar] “Oaths are built on the words, not on the purposes.” And in the text (matn) of al-Durr al-Mukhtar the words are: [ar]الأيمان مبنية على الألفاظ لا على الأغراض[/ar] “Oaths are based on the words, not on the purposes.

Source: Fatawa Mahmudiyya

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