held instead that he was specifically required to offer expiation, just as when one swears by Allah. This is the other report from Ahmad and the view of some of al-Shāfiī’s followers. Mālik, Abū Hanīfa according to the other report from him, and another group held that this vow must instead be fulfilled.
It is related that al-Shāfiī was asked about this issue in Egypt and ruled that expiation was required. The questioner said to him, “Abū Abd Allah, is this your own view?” He replied, “It is the view of one better than I: Atā ibn Abī Rabāh.” It is also related that when the son of Abd al-Rahmān ibn al-Qāsim broke such an oath, he instructed him to offer expiation for an oath, following the opinion of al-Layth ibn Sad. He then said, “If you do this again, I shall give you a ruling according to Mālik’s view, namely, that it must be fulfilled.” This is why Mālik’s followers base the detailed rulings concerning this type of oath on [vows, because of the general texts commanding] fulfillment of vows, such as the Prophet’s words (peace and blessings be upon him): “Whoever vows to obey Allah must obey Him.” Moreover, it is a valid legal commitment contingent upon a condition, and so becomes binding when its condition occurs, like all other legal commitments. The first view is correct. In addition to the evidence from the Quran and sunnah that we shall mention, if Allah wills, its proof is what Imam Ahmad and others relied upon.
Abū Bakr al-Athram said in his compilation of legal questions: “I asked Abū Abd Allah about a man who declared his wealth dedicated to the Kaaba. He replied, ‘He must offer expiation for an oath,’ and cited the hadith of Āisha as evidence.” He continued: “I also heard Abū Abd Allah being asked about a man who swears to walk to the House of Allah, to give all he owns in charity, or makes a similar oath. He replied, ‘If he breaks it, he must offer expiation for an oath. However, I do not advise him to break it so long as he has not already done so. Tell him not to do it.’ Abū Abd Allah was asked, ‘But if he does break it, must he offer expiation?’ He replied, ‘Yes.’ He was asked, ‘Is that not expiation for an oath?’ He replied, ‘Yes.’” Al-Athram added that he heard Abū Abd Allah speak about the hadith of Laylā bint al-Ajmā, when she swore by such-and-such, declaring every slave she owned free,