and by oaths invoking divorce or emancipation to urge or prevent an action, or to affirm or deny the truth of a statement. For example, someone is told, “Give charity,” and replies that if he gives charity, he must fast for such-and-such a period, or his wife is divorced, or his slaves are free. Or he says, “If I do not do such-and-such, I am bound by such-and-such a vow, or my wife is divorced, or my slave is free.”

Alternatively, he swears concerning the conduct of someone he wishes to restrain—such as his slave, relative, or friend, whom he urges to obey him—saying, “If you do this,” or, “If you do not do this, I must do such-and-such, or my wife is divorced, or my slave is free,” and similar statements. This is a vow made in obstinacy and anger.

This and similar oaths invoking divorce or emancipation differ in meaning from “vows of devotion and drawing near to Allah” and comparable arrangements such as “divorce in return for compensation” and “contractual emancipation.” Someone who says, “If Allah keeps me or my property safe from such-and-such, or if Allah grants me such-and-such, I must give charity, fast, or perform Hajj,” intends the condition—the gain or deliverance—to occur, and intends to thank Allah for it by fulfilling what he has vowed to Him. Likewise, a husband agreeing to a compensated divorce or a master entering an emancipation contract intends to receive compensation and to grant divorce or emancipation in exchange.

By contrast, in a vow made in obstinacy and anger, someone is told, “Do such-and-such,” but refuses and then says, “If I do it, I must perform Hajj or fast.” Here, his intention is that the condition should not occur. Because of his strong determination not to act, he binds himself, should he do it, to these things that are burdensome to him, so that their becoming binding upon him if he acts will deter him from doing so.

Likewise, when he says, “If I do it, my wife is divorced, or my slaves are free,” his sole intention is to refrain, and he undertakes, should he act, something extremely burdensome to him