either the condition or its consequence. This is why he sometimes swears using a conditional formula and sometimes an oath formula. For example, he says: “On pain of having to perform Hajj, I shall certainly do such-and-such,” or “…I shall not do such-and-such”; or: “I undertake to free a slave if I do such-and-such,” or “…if I do not do such-and-such.” This is the argument of those who require him to offer expiation in cases involving emancipation, and likewise divorce.

For if someone tells him, “Travel,” and he declares, on pain of freeing a slave or divorcing his wife, that he will not do so, or says, “If I do such-and-such, my slave is free,” or “…my wife is divorced,” his intention is that neither the condition nor its consequence should occur. He is thus using this as an oath, not effecting emancipation or divorce.

They said: This person has sworn an oath undertaking that divorce will take effect. This is like undertaking to pronounce it, by saying: “If I do such-and-such, I am bound to free a slave or divorce my wife.” If he said this, the imams agree that he would not be obliged to divorce his wife. There are, however, two views on whether he would be obliged to free the slave. According to al-Shāfiʿī, Ahmad and others, neither divorce nor emancipation takes effect through this declaration. However, according to the well-known position of his school, al-Shāfiʿī requires expiation if he does not free the slave, but not if he does not divorce his wife. This is also one of the two positions reported from Ahmad. According to the apparent position of his school, Ahmad requires expiation in both cases; this is also a view held within al-Shāfiʿī’s school.

For when the act vowed is not an act of devotion, there is agreement that he is not obliged to perform it. The well-known position of al-Shāfiʿī and others is that no expiation is required if he does not perform it. Ahmad’s well-known position is that he must offer expiation for an oath.

Those scholars said: His undertaking that divorce will take effect is like his undertaking to disbelieve. If he undertook the latter, he would not thereby become an unbeliever, by agreement. Rather, according to one of the two views, he must offer expiation for an oath, as explained above.