and that has no basis, because an oath is intended only to affirm the performance of the act sworn to, whereas this is impossible; thus, it too is an unintentional oath.

An example of something intrinsically impossible is for a person to say, “By Allah, I shall surely kill the dead person,” for killing does not apply to someone who is already dead. According to the author’s view, such an oath is not binding, because it is an unintentional oath: he will never kill the dead person, so he has, in effect, sworn to negate what is impossible. The established position in the school, however, is that he must offer expiation immediately, because it is certain that he has already broken his oath. He must therefore offer expiation at once and not wait.

If someone is annoyed by a dog’s barking and says, “By Allah, I shall surely kill this dog, whether it is alive or dead,” then his oath is binding, because it may be alive. His words, “whether it is alive or dead,” merely serve to emphasize that he will kill it.

An example of what is customarily impossible is for someone to say, “By Allah, I shall surely fly.”

In summary, if a person swears an oath concerning something impossible, then according to the author’s view it is not binding. According to the established position in the school, if he swears to do it, he has broken his oath immediately and expiation is due from him; but if he swears not to do it, then it is an unintentional, non-binding oath, because he has sworn concerning something that cannot possibly occur.

If someone were to ask, “What is the evidence for stipulating that the oath concern the future?”

The answer is the Prophet’s saying, peace and blessings be upon him: “Whoever swears an oath through which he unlawfully takes the property of a Muslim will meet Allah while He is angry with him.” (1)

He did not say that expiation is due from him; rather, he mentioned only that he incurs this sin,