Thus, oaths fall into “three categories.” Oaths sworn by Allah require expiation, by agreement. Oaths sworn by created beings or things require no expiation, by agreement, except that there are “two views” in Ahmad’s school concerning swearing by the Prophet, may Allah bless him and grant him peace. The majority hold that no expiation is required. Some of his followers have extended this ruling to all the prophets, but the overwhelming majority of scholars, both Ahmad’s followers and others, disagree with that.

As for binding oaths sworn by Allah Most High—namely, these oaths—Muslims hold “three positions” concerning them, even though some people have claimed consensus regarding certain forms. This resembles many disputed questions in which someone unaware of the disagreement claims consensus, meaning merely, “I know of no disagreement.” Someone who knows of the disagreement and establishes its existence makes an informed affirmation, which takes precedence over the denial of someone unaware of it, by the agreement of the Muslims.

If a question has been disputed among both earlier and later generations, and those who hold divorce or some other stipulated consequence to be binding on the oath-taker have no supporting text from the Quran or Sunnah, nor any consensus, then the position that it is not binding is permissible, by the agreement of the four imams and all the other imams of the Muslims. Indeed, they agree that no one may prevent a judge qualified to adjudicate from ruling accordingly, or a mufti qualified to issue fatwas from giving such a fatwa. They even permit fatwas and judgments based on weak positions because disagreement exists concerning them. How, then, could they prohibit a position such as this, supported by the Quran, the Sunnah, and sound legal analogy, and demonstrably upheld by earlier and later generations?

Indeed, it is established that the Companions, who are the best of this community, issued fatwas concerning oaths involving manumission—which is more beloved to Allah Most High than divorce—to the effect that manumission is not binding on the oath-taker; rather, it suffices for him to offer