The second is swearing by created things, such as swearing by the Kaaba. No expiation is due for such an oath, by agreement of the Muslims.
The third is to bind oneself by an oath to Allah, saying, “If I do such-and-such, I must perform Hajj,” or “my wealth shall be given in charity,” or “my wives are divorced,” or “my slaves are free,” and similar declarations. The three opinions mentioned earlier apply here: either the pledged consequence becomes binding, expiation is due, or neither applies.
Under the ruling of Allah and His Messenger, there are only two kinds of oath: an oath recognized as an oath of the Muslims, for which expiation is due; or an oath not recognized as an oath of the Muslims, for which nothing is due if it is broken. Thus, if these oaths are among the oaths of the Muslims, expiation is due; if they are not, nothing becomes binding through them. To posit an oath that obliges the swearer to fulfil what he has pledged, without allowing expiation to suffice, has no place in the religion of the Muslims. Rather, it contradicts the Quran and the Sunnah.
Allah Most High mentions the ruling on Muslims’ oaths in Surah al-Tahrīm, and the ruling on Muslims’ divorce in the surah preceding it. He says in Surah al-Tahrīm:
“O Prophet, why do you prohibit what Allah has made lawful for you, seeking to please your wives? And Allah is All-Forgiving, Most Merciful.”
“Allah has already ordained for you the release from your oaths. Allah is your Protector, and He is the All-Knowing, All-Wise.”
And He says in Surah al-Talāq:
“O Prophet, when you divorce women, divorce them at the proper time for their waiting period, and count the waiting period accurately. And fear Allah, your Lord. Do not turn them out of their homes, nor should they leave, unless they commit a clear indecency. These are the limits set by Allah. And whoever transgresses the limits of