These scholars then differed among themselves. Most held that a person may choose between fulfilling his vow and offering expiation for an oath. This is al-Shāfi‘ī’s position and the well-known position reported from Ahmad.

Others held that expiation alone is required, just as it is required for an oath sworn by Allah. This is the other position reported from Ahmad and the view of some of al-Shāfi‘ī’s followers.

Mālik, Abū Hanīfa according to the other report from him, and a group of scholars held that this vow must be fulfilled. It is related that al-Shāfi‘ī was asked about this issue in Egypt and ruled that expiation was required. The questioner said, “Abū ‘Abd Allāh, is this your own view?” He replied, “It is the view of someone better than me: ‘Atā’ ibn Abī Rabāh.”

It is also related that when ‘Abd al-Rahmān ibn al-Qāsim’s son broke an oath of this kind, he instructed him to offer expiation for an oath, following the position of al-Layth ibn Sa‘d. He added, “If you do it again, I shall give you the ruling according to Mālik’s position”—namely, that the vow must be fulfilled.

For this reason, Mālik’s followers apply the rules governing vows to questions concerning this kind of oath. They rely on the general texts enjoining the fulfilment of vows, including the Prophet’s statement, may Allah bless him and grant him peace:

“Whoever vows to obey Allah, let him obey Him.”

They also reason that this is a valid legal undertaking made contingent upon a condition, so it becomes binding when that condition is met, as with other legal rulings.

The first view, however, is correct. Besides the evidence from the Quran and Sunnah that we shall mention, Allah willing, it is supported by the evidence upon which Imam Ahmad and others relied. Abū Bakr al-Athram said in his Masā’il (Questions):

“I heard Abū ‘Abd Allāh being asked about a man who declared that his wealth was dedicated to the Kaaba. He replied, ‘Expiation for an oath,’ citing the hadith of ‘Ā’isha as evidence.”

He also said:

“I heard Abū ‘Abd Allāh being asked about a man who swears an oath committing himself to walk to the House of Allah, give his property in charity, or undertake something similar. He replied: