Another report he cited from Ibn ʿUmar and Ibn ʿAbbās stood in opposition to this. Al-Marwadhī said:
Abū ʿAbd Allāh said, “If a man says, ‘Every slave I own is free,’ they become free when he breaks his oath, because neither divorce nor emancipation admits expiation.”
He also said, “The words ‘Every slave she owns is free’ do not occur in the report concerning Laylā bint al-ʿAjmāʾ. Abū Rāfiʿ’s report states that she consulted Ibn ʿUmar, Hafsah, and Zaynab, mentioning emancipation, and they instructed her to offer expiation for an oath. Humayd and the others, however, did not mention emancipation.”
He continued:
I asked Abū ʿAbd Allāh about Abū Rāfiʿ’s report concerning his wife, and how she consulted Ibn ʿUmar and Hafsah, who instructed her to offer expiation for an oath. I asked, “Does it mention walking?”
He replied, “Yes. My view is that expiation for an oath is required.” Abū ʿAbd Allāh said, “The wording ‘Every slave …’ is not given in it except … (1)”
I asked, “Then if someone swears an oath involving the emancipation of his slave and breaks it?”
He replied, “The slave becomes free. This is what is reported from Ibn ʿUmar and Ibn ʿAbbās: they said concerning the slave woman, ‘She becomes free.’” He then said, “We have heard it only from ʿAbd al-Razzāq, from Maʿmar.”
I asked, “What is its chain of transmission?”
He replied, “Maʿmar, from Ismāʿīl ibn Umayyah, from ʿUthmān ibn Hādir, from Ibn ʿUmar and Ibn ʿAbbās.”
He also said, “Ismāʿīl ibn Umayyah and Ayyūb ibn Mūsā were both Meccans.”
Abū Tālib reported that Abū ʿAbd Allāh said:
“If someone swears an oath committing himself to walk to the House of Allah, enter the consecrated state for Hajj, offer a sacrificial animal, or give his wealth in charity to the poor—and likewise any oath for which expiation may be offered, whereby he binds himself by swearing to something—only expiation for an oath is required. This follows Bakr’s report from Abū Rāfiʿ concerning the incident involving Hafsah. She had sworn that she would separate her from her husband, so Hafsah said, ‘O Hārūt and Mārūt! Expiate your oath and free your slave woman.’ He thus treated all of that as expiation for an oath in lieu of emancipation; this is preferable. That is because emancipation admits neither expiation nor an exception clause. And an exception clause