and he stated that the disagreement concerns only cases in which the pronouncement is intended as an oath: does divorce take effect, does it not take effect with nothing incumbent upon him, or is it an oath whose breach requires expiation? There are three views, just as there are these same three views concerning comparable oaths.

As for this form—divorce made contingent upon a condition, with the intention that divorce take effect when it occurs, and without any intent to urge or deter, as when someone says, “If the sun rises, you are divorced”—does it constitute an oath? There are two views:

The first is that it is an oath. This is the view of Abū Hanīfa and one of the two positions within Ahmad’s school.

The second is that it is not an oath. This is the view of al-Shāfiʿī and the other position within Ahmad’s school. This view is sounder in terms of Islamic law and language. Customary usage, however, varies.

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As for the three types of oaths, the first is to swear an oath by Allah; the second is to make an oath to Allah; and the third is to swear an oath by other than Allah or make one to other than Allah.

The first consists of swearing by Allah. This constitutes a binding oath whose breach requires expiation, as established by the Quran, the Sunnah, and scholarly consensus.

As for the third, it consists of swearing an oath by something created or making one to something created—for example, swearing by false deities, one’s father, the Kaaba, or any other created thing. Such an oath is not