no divorce takes effect against a man who has sworn to abstain from his wife until he is required to decide, even if a year or more passes. It has also been said that resuming intercourse exempts him from expiation, because Allah Most High says:

“If they return, then Allah is All-Forgiving, Most Merciful.” [al-Baqarah: 226]

This is the position of al-Hasan, al-Nakha‘ī, and others who hold that anyone who breaks an oath that it would be wrong to keep owes no expiation for breaking it; rather, breaking it is itself its expiation. The majority of jurists and scholars, however, hold that expiation is obligatory for anyone who breaks an oath, whether breaking it is a righteous act or not.

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Allah, Mighty and Majestic, says:

“If they resolve upon divorce, then Allah is All-Hearing, All-Knowing.” [al-Baqarah: 227]

According to Mālik and those who share his position, resolving upon divorce means actually pronouncing it, just as resolving upon marriage in His words, “Do not undertake the marriage contract until the prescribed term has expired” [al-Baqarah: 235], means actually concluding that contract.

Further evidence is found in His words, “If they resolve upon divorce, then Allah is All-Hearing, All-Knowing” [al-Baqarah: 227]. The description “All-Hearing” here can only refer to an utterance, for it is speech that is heard. Allah Most High says:

“Allah hears your conversation. Indeed, Allah is All-Hearing, All-Seeing.” [al-Mujādilah: 1]

The expiry of the period of abstention, however, is not something heard, but something known. If resolving upon divorce in His words, “If they resolve upon divorce” [al-Baqarah: 227], meant that divorce takes effect upon the expiry of the period of abstention, as the scholars of Iraq maintain, the verse would not have ended with Allah declaring Himself All-Hearing, All-Knowing.

Likewise, He did not end the verse mentioning a return to obedience to Allah through resuming intercourse with one’s wife by declaring that He is severe in punishment. This was not a context for threatening punishment for disobedience, but for promising mercy and forgiveness to one who turns back to obey Him. Thus, He ended the verse concerning a pronouncement by describing Himself as All-Hearing, All-Knowing, for He hears speech and knows deeds. Accordingly, Allah Most High said that if those who have sworn to abstain resolve to divorce the women from whom they have sworn to abstain, Allah hears their pronouncement of divorce and knows what they have done to those women, whether lawful or unlawful for them.