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Emancipation becomes binding through an oath because Allah, Mighty and Majestic, says:
“O you who believe, fulfill your contracts.” [al-Mā’idah: 1]
An oath stipulating emancipation is a contract and must therefore be fulfilled. This accords with Mālik’s underlying principle—may Allah have mercy on him—for his school holds that anyone who makes an act of obedience to Allah the subject of an oath is bound to perform it, just as he would be bound by a vow. Anyone whose oath concerns something that does not constitute obedience to Allah, or that constitutes disobedience to Him, is not bound to perform it, just as he would not be bound by a vow. This is based on the words of the Messenger of Allah, may Allah bless him and grant him peace: “Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Allah, let him not disobey Him.”
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The only exception to this principle is divorce: it becomes binding through an oath but not through a vow. This is because someone who says to his wife, “You are divorced if you enter the house,” has made divorce binding upon himself on condition that she enters the house. His case is therefore like that of someone who declares divorce outright, without a condition. Divorce, however, is not something for which one makes a vow to Allah or by which one draws near to Him; hence it does not become binding through a vow.
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The scholars have unanimously agreed that divorce becomes binding through an oath, without disagreement among them. As for emancipation and other acts of righteousness stipulated in an oath, the scholars have differed greatly over whether they become binding. Some held that none of these acts becomes binding through an oath, but required the person who swore it to offer expiation for an oath. Others held that none becomes binding through an oath and did not require expiation either.
The reasoning of those who held that none of these acts becomes binding through an oath is that the person swearing it intended neither a vow nor an act of drawing near to Allah. He intended only to restrain himself from whatever he had sworn not to do. He is therefore not bound to part with anything for Allah’s sake when he did not intend thereby to draw near to Him. This is based on the words of the Messenger of Allah, may Allah bless him and grant him peace: “Actions are judged by intentions,” and his words: “Whoever’s emigration is to Allah