the protection this affords their lives, families, wealth, and honor; the reconciliation of their differences; the maintenance of their ties of kinship; their unity in obedience to Allah and His Messenger; and their being spared any need to disobey Allah and His Messenger—all this suffices to warrant preferring this view even for someone unfamiliar with the import of the Quran and Sunnah. How much more so for someone familiar with their import!

Those who maintain that divorce takes effect have no proof strong enough to counter the position of those who deny that it takes effect. However hard anyone might strive to establish religious evidence that divorce takes effect for someone who swears such an oath—evidence free of any equally strong counterargument—he would be unable to do so, just as he has been unable to define its limits.

Is anyone, then, entitled to command something contrary to the consensus of the Muslims and depart from the path of the believers? No one may prohibit issuing fatwas or judgments according to a position adopted by some scholars when it contradicts neither a scriptural text, nor a consensus, nor anything of comparable authority, and precedence is given over it to the religious evidence of the Quran, the Sunnah, and sound analogy. This applies even if it has not been shown to be the stronger position. How much more so when its strength has become apparent through the Quran and Sunnah, and the favor Allah has bestowed through it has been made clear!

For Allah Most High says:

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

And He says in His Book:

“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, that he said:

“Whoever swears an oath and then sees that something else is better should expiate his oath and do what is better.”

This is narrated from the Prophet, may Allah bless him and grant him peace,