Does the intention of an oath fall on the person's intent or on the intent of the oath, in the event that one swears by triple divorce while intending an oath by Allah?
The jurists have stipulated that a special employee (ajir khass) is not liable for what is damaged while in his possession or through his work unless he was negligent.
Therefore, if this man was a special employee for the owner of the craft that was damaged, he is not liable. Forcing him to swear an oath in such a situation is an injustice to him, especially since this type of oath is forbidden in Islamic law.
And if an oath was taken by divorce, nothing is binding upon him, because the intention belongs to the swearer and not to the owner of the craft.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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