do such-and-such, then I am bound by a vow to do such-and-such, or my wife is divorced, or my slave is free.” Or he may swear concerning [an act] by someone else whom he seeks to restrain—such as his slave, relative by marriage, or friend, among those whom he urges to obey him—saying to him, “If you do it—or, alternatively, if you do not—then I am bound by such-and-such, or my wife is divorced, or my slaves are free,” and the like.
This is a vow made in obstinacy and anger. It and analogous oaths sworn by divorce and manumission differ in meaning from vows made out of devotion and to draw near to Allah, and from analogous arrangements of compensated divorce and contractual manumission. A person who says, “If Allah delivers me, or my property is spared, from such-and-such, or if Allah grants me such-and-such, then I am bound to give charity, fast, or perform Hajj,” intends the condition to occur—that is, the attainment of gain or safety—and intends to thank Allah for it by fulfilling his vow. Likewise, the one granting a compensated divorce and the master entering into a contractual manumission seek to obtain the consideration, granting the divorce or manumission in exchange for it.
As for a vow made in obstinacy and anger, it is like when someone is told, “Do such-and-such,” but refuses to do it and then says, “If I do it, I am bound to perform Hajj or fast.” His intent here is that the condition not occur. Because of his firm resolve not to act, he binds himself, should he act, to these obligations that are burdensome to him, so that their becoming binding if he acts will deter him from acting. The same applies if he says, “If I do it, my wife is divorced,” or, “My slaves are free.” His sole intent is to refrain from acting, and he undertakes, in the event that he does act, what is grievous to him: separation from his family and the loss of his property. His purpose is not to draw near to Allah through manumission or charity, nor to separate from his wife. For this reason, scholars called this a vow made in obstinacy and anger, deriving the expression from the words of the Prophet (peace and blessings be upon him) in the hadith of Abū Hurayra reported in the two Sahih collections: “By Allah, for one of you to persist obstinately in an oath concerning his family is more sinful for him before Allah than to [give]