forbidden to him whether he divorces her or not. This is like a Muslim pronouncing three divorces upon his wife after she apostatizes; or a Jewish man’s wife embracing Islam and his pronouncing three divorces upon her; or a polytheist woman’s husband embracing Islam and pronouncing three divorces upon her. Divorce as prescribed by Islamic law concerns a wife whom the husband may take back or remarry under a new marriage contract. And Allah knows best.

Section

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If a married man swears an oath by declaring the lawful forbidden to himself, saying, “I bind myself to prohibition: I will not do such-and-such”; or, “What is lawful is forbidden to me: I will not do such-and-such”; or, “What Allah has made lawful is forbidden to me if I do such-and-such”; or, “What is lawful for Muslims becomes forbidden to me if I do such-and-such”; or something similar—there is a well-known disagreement on this issue among earlier and later scholars. The stronger view, however, is that this is an oath like other oaths, and no divorce becomes binding upon him through it, even if he intended thereby to swear by divorce.

This is the well-known position of Imam Ahmad. Indeed, even if a man says, “You are forbidden to me,” intending divorce by those words, no divorce takes effect according to him.

Likewise, if he says, “You are to me like my mother’s back,” intending divorce, no divorce takes effect according to the general body of scholars. Allah revealed Quranic verses concerning this, for they used to regard zihār (declaring one’s wife forbidden by likening her to one’s mother) as divorce, and an oath to abstain from marital relations as divorce. Allah abolished all of that and prescribed the major expiation for zihār. He made the oath to abstain from marital relations an oath for which the husband is allowed four months; thereafter, he must either retain his wife honourably or release her graciously.

Similarly, many earlier and later scholars said that if a married man declares his wife forbidden to himself, or declares everything lawful forbidden to himself without qualification, he has made a declaration of zihār. This is Ahmad’s position. If he swears, by invoking zihār or declaring the lawful forbidden, that he will not do something, and then breaks