The present wife did not become unlawful because of a kullama oath

Question

A dispute arose between Zayd and Bakr over the sale and purchase of some item. Zayd says: “We paid the price of the goods sold,” and Bakr says: “You did not pay the price.” Then Zayd, the buyer, and Bakr, the seller, both took their case before a religious scholar, and both parties made that scholar their arbiter (hakam).

Answer

(1–4) Because Zayd swore this oath, his present wife has not become unlawful for Zayd; however, if in future he marries any woman, talaq will take effect. [ar]فالحاصل أن كلما لعموم الأفعال وعموم الأسماء ضروري، فيحنث بكل فعل[/ar] “The upshot is that kullama is for the generality of acts, and the generality of nouns is necessary; so he breaks the oath with every act” (Shami,…

Source: Fatawa Mahmudiyya

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