from Tāwūs, from his father, that he did not regard an oath invoking divorce as having any effect. He was asked, “Did he regard it as an oath?” He replied, “I do not know.” Thus, he was certain that he did not consider divorce to take effect, but was unsure whether he regarded it as an oath requiring expiation.

The third view is that expiation for an oath suffices. This is reported from a number of the Companions and others concerning emancipation. It is transmitted from ʿUmar, Hafsah bint ʿUmar, and Zaynab, the stepdaughter of the Messenger of Allah—may Allah bless him and grant him peace—that they gave a ruling concerning someone who had said to another person, “If I do not separate you from your wife, my wealth is to be given in charity and my slaves are free.” They said, “Expiate your oath and leave the man with his wife, O Hārūt and Mārūt!” This is also the view of Abū Thawr and other jurists concerning emancipation.

Hammād ibn Salamah likewise related in his Jāmiʿ, from Habīb ibn al-Shahīd, that he asked al-Hasan al-Basrī about a man who said that every slave he owned would be free if he went in to see his brother. He replied, “He should expiate his oath.” This is also reported from Abū Hurayrah and Umm Salamah.

Abū Bakr al-Athram said in his Musnad: ʿĀrim ibn al-Fadl narrated to us: Muʿtamir ibn Sulaymān narrated to us, saying: My father said: Bakr ibn ʿAbd Allāh narrated to us: Abū Rāfiʿ informed me, saying:

“My mistress, Laylā bint al-ʿAjmāʾ, said, ‘Every slave I own is free, all my wealth is an offering, and I am a Jew and a Christian if you do not divorce your wife, or I do not separate you from your wife.’”

He said: “I went to Zaynab bint Umm Salamah”—whenever a woman of learning in Medina was mentioned, Zaynab would be mentioned. He said: “I went to her, and she came—meaning, to her—