as others like him are punished. At most, he may be ignorant, in which case his ignorance is initially excused until the positions of the scholars and the evidence of the Quran and Sunnah have been made clear to him. If he then persists in opposing the Messenger after guidance has become clear to him, and follows a path other than that of the believers, he must be called upon to repent. If he repents, well and good; otherwise, he is to be put to death.

Every oath taken by Muslims other than an oath by Allah, Mighty and Majestic—such as oaths involving divorce, manumission, zihār (declaring one’s wife forbidden through comparison with a female relative permanently forbidden in marriage), declarations of unlawfulness, or undertakings to perform pilgrimage, walk, give charity, fast, and the like—is subject to a well-known disagreement among scholars. This applies whether someone uses an oath formula, saying, “A declaration of unlawfulness shall be binding upon me,” or “Manumission shall be binding upon me: I shall certainly do such-and-such”; or uses a manumission formula, saying, “If I do such-and-such, a declaration of unlawfulness shall be binding upon me and my wives shall be divorced,” or “My slaves shall be free,” or “My property shall be given in charity, and I shall be bound to walk to the House of Allah Most High.”

The four imams and all the other imams of the Muslims agree that, in all these cases, a judge may rule that someone who breaks his oath is not bound by what he stipulated: either nothing is required of him, or an expiation suffices. A mufti may likewise rule accordingly. From the time these forms of oath first arose until the present, there have always been Muslims who issue fatwas to this effect. Some prescribe expiation, while others rule that neither expiation nor fulfilment of what was stipulated is required. Others, in turn, rule that what was stipulated is binding. Each of these three positions has proponents within the Muslim community who issue fatwas accordingly concerning oaths involving divorce, manumission, declarations of unlawfulness, and vows.

As for swearing by created things, such as the Kaaba and the angels, no expiation is required for this, by the agreement of the Muslims.