Moreover, using divorce as an oath is a newly introduced innovation in the Muslim community. I have not learned that anyone swore such oaths during the time of the earliest Companions. It was, however, mentioned as part of the oaths of allegiance instituted by al-Hajjāj ibn Yūsuf. These combined swearing by Allah with pledging one’s wealth in charity, divorce, and manumission. To this day, I have found no statement from any Companion concerning oaths sworn by divorce. All that has reached us from them are their answers concerning oaths sworn by manumission, as stated above.

This innovation then became widespread throughout the Muslim community and gained tremendous prevalence. Once some people came to believe that such an oath invariably effects divorce, its effect became a fetter upon the community resembling the fetters that had been imposed upon the Children of Israel. This gave rise to five kinds of corrupt consequences and stratagems concerning oaths, until they made a mockery of Allah’s revelations.

This is because they swear by divorce to refrain from things they must inevitably do, whether required by the Sacred Law or by nature, [and to do things that are impossible or impermissible, whether by the Sacred Law or by nature]. Most such oaths are sworn in a state of heated insistence and anger. Yet separation from one’s wife entails harm to one’s religion and worldly life exceeding many of the fetters imposed upon the Jews. It has been said that Allah made a woman divorced three times forbidden to her former husband until she marries another husband so that people would not rush into divorce, given the harm it entails. Thus, when they swear by divorce concerning things that must be done or must be avoided, while needing to do or refrain from those things without separating from their wives, their ingenuity devises four kinds of stratagems for them, adopted from the Kufans and others:

The first stratagem concerns the matter sworn to: an interpretation is contrived for them that is contrary to what they intended and contrary to what their words signify according to people’s customary usage and practices. And this is