admissible adherence to scholarly authority and independent juristic reasoning resembles those of whom it is said:
“When it is said to them, ‘Follow what Allah has revealed,’ they say, ‘Rather, we follow what we found our forefathers following.’”
He is among those who follow their own desires without guidance from Allah.
Anyone who claims that a child born to a man after he has followed this fatwa is a child born of unlawful intercourse is guilty of the utmost ignorance, misguidance, and opposition to Allah and His Messenger.
In sum, if what a person has bound himself to perform is an act of devotion to Allah Most High, intended to draw him closer to Allah Most High, he must either perform it or offer expiation. If he binds himself to something that is not an act of devotion—such as divorce, sale, leasing, or the like—he is not obliged to carry it out. Rather, expiation for an oath suffices, according to the Companions and the majority of Muslims. This is the position of al-Shāfiʿī and Ahmad, one of the two views reported from Abū Hanīfa, and the position of the discerning scholars among Mālik’s followers. For when divorce is invoked as an oath, its taking effect upon fulfilment of the condition is unwelcome, just as falling into disbelief is unwelcome. Thus, the divorce does not take effect, and expiation is required. Allah knows best.
He—may Allah Most High have mercy on him—was asked:
Concerning someone who says, “Divorce is binding upon me according to the four schools,” or something similar: does divorce become binding upon him as he said, or what is the ruling?
He replied:
As for the oath-taker’s saying, “Divorce is binding upon me according to the schools of the four imams,” or “According to the school of those who hold that his divorce takes effect, not those who allow expiation for an oath sworn by divorce,” or “I am bound to