The first category

An expression that takes immediate effect, such as saying, “My wife is divorced,” “You are divorced,” “So-and-so is divorced,” “She is divorced,” or something similar. Such words bring about divorce, and expiation is of no avail in this case, by the consensus of the Muslims. Anyone who says that expiation suffices in this case is called upon to repent; if he does not repent, he is put to death.

Likewise, if someone says, “My slave is free,” “I am bound to fast for a month,” “I am bound to free a slave,” “What is lawful is forbidden to me,” or “You are to me like my mother’s back,” all these declarations bring the respective legal acts into effect through immediate, unconditional expressions.

The second category

This is to invoke such matters in an oath, saying, “Divorce shall be binding upon me—I will certainly do such-and-such,” or “I will not do such-and-such.” Or he swears that someone else—such as his slave or a friend whom he expects to honour his oath—will certainly do such-and-such, or will not do it. Or he says, “What is lawful is forbidden to me—I will certainly do such-and-such,” or “I will not do it.” Or he says, “I am bound to perform Hajj—I will certainly do such-and-such,” or “I will not do it,” and similar expressions.

These are forms of oath: he is invoking these matters in an oath, not bringing them into effect. Scholars hold three views concerning such oaths:

The first is that, if he breaks his oath, whatever he invoked in it becomes binding upon him.

The second is that nothing becomes binding upon him.

The third is that he must offer expiation for an oath. Some scholars draw distinctions between oath-taking, divorce, manumission, and other such matters. The third view is the strongest, because Allah Most High says:

“Allah has prescribed for you a way to release yourselves from your oaths.”

And He says:

“That is the expiation for your oaths when you have sworn.”

It is authentically reported from the Prophet, may Allah bless him and grant him peace, in Sahīh Muslim and elsewhere, in hadiths narrated by Abū Hurayrah, ‘Adī ibn Hātim, and Abū