—namely, separation from his wife and loss of his property. His purpose is neither to draw near to Allah through emancipation or charity nor to part from his wife. For this reason, scholars call this a “vow made in obstinacy and anger,” an expression derived from the Prophet’s saying, recorded in both Sahīh collections, may Allah bless him and grant him peace:
“For one of you to persist in his oath concerning his family is more sinful for him before Allah than to offer the expiation Allah has prescribed for him.”
In its wording, this vow takes the same form as a vow of devotion, yet its meaning is profoundly different. This is the source of the “misconception” that arose among a group of scholars, which we shall discuss in this chapter—if Allah Most High wills. It also reveals the understanding of the Companions, may Allah be pleased with them, who considered the meanings of expressions rather than their outward forms.
Now that these types of conditional statements have been established, you know that some convey the meaning of an oath expressed through an oath formula, while others do not. Whenever a condition is intended to urge an action, prevent it, affirm a statement, or deny it, the intention is that neither the condition nor its consequence should occur. Such is the case with a vow made in obstinacy, or an oath invoking divorce out of obstinacy and anger.
“The first principle” is that Allah Most High has clarified, through the Book, the Sunnah, and scholarly consensus, the ruling concerning one who swears by Allah, Glorified and Exalted be He. Allah Most High says:
“But He will hold you accountable for what your hearts have intended.”
He also says:
“Allah has prescribed for you a release from your oaths.”
And Allah Most High says:
“But He will hold you accountable for the oaths you deliberately make. The expiation for this is to feed ten needy people