by unanimous agreement—then there is all the more reason why his saying, “Then my slave is free,” should not be binding. For if the intention of swearing an oath prevents both the duty to emancipate and emancipation itself from becoming binding, then it should all the more prevent emancipation alone from becoming binding.

Moreover, a person may incur liabilities in a broader range of circumstances: a minor, an insane person, and a slave may incur liabilities even though their legal dispositions are not valid. If, then, the intention of swearing an oath prevents conditional emancipation from becoming a binding liability, there is all the more reason for it to prevent emancipation itself from taking effect. And if emancipation, which becomes binding through a vow, does not become binding when intended as an oath, then divorce, which does not become binding through a vow, should all the more not become binding when intended as an oath.

The consequence of a conditional statement becomes binding only when the speaker intends that consequence to become binding upon fulfilment of the condition, as when he says, “If you release me from the obligation to pay your dowry, you are divorced,” or, “If Allah heals my sick relative, a third of my wealth is to be given in charity.” But the case is different when he dislikes the consequence taking effect even if the condition is fulfilled, and undertakes it only to urge himself or someone else to do something, or to deter himself or someone else from doing it. An example is saying, “If I do such-and-such, then I am a Jew or a Christian, my wealth is to be given in charity, my slaves are free, my wives are divorced, and I must perform Hajj ten times and fast.” Such a person is swearing an oath, by agreement of the Companions, the jurists, and all other groups.

Allah Most High has said:

“Allah has already ordained for you the dissolution of your oaths.”

And He Most High has said:

“That is the expiation for your oaths when you have sworn. But guard your oaths.”

It is established through several chains in the authentic collections that the Prophet (may Allah bless him and grant him peace) said:

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

This encompasses