whether as something merely discouraged or as something forbidden. How much more serious, then, when the spouses are deeply attached to one another, with children and a shared life between them, so that their divorce would cause immense religious harm. The worldly harm is likewise immense, as experience attests: if either spouse were given the choice between losing their wealth and homeland or divorce, they would choose to part with their wealth and homeland rather than divorce. Indeed, Allah has mentioned separation from one’s homeland alongside being killed.

For this reason, according to one of the two reports from him, Imam Ahmad, following ʿAtā’, said that if a woman enters the state of consecration for Hajj and her husband then swears by divorce that she will not perform Hajj, she is considered prevented from completing the pilgrimage and may leave the state of consecration. This is because the harm she would suffer exceeds, or is comparable to, the harm caused by being prevented by an enemy.

This is clear when a man says, “If you do such-and-such, I shall be obliged to divorce you or free my slaves.” By agreement, this falls under vows made in obstinacy and anger, just as if he had said, “By Allah, I shall divorce you or free my slaves.” Those who distinguish between the two cases have relied solely on the distinction between manumission taking effect and its becoming obligatory. We shall discuss this, if Allah Most High wills.

Furthermore, Allah says:

“Why do you prohibit what Allah has made lawful for you, seeking to please your wives? And Allah is All-Forgiving, Most Merciful.”

This implies that whenever someone prohibits what Allah has made lawful, Allah is forgiving and merciful toward that person, and that there is no cause requiring that prohibition to remain in force. For His word “Why?” means “For what reason?” It is a question conveying negation and disapproval. The meaning is: there is no reason for you to prohibit what Allah has made lawful for you, and Allah is All-Forgiving, Most Merciful.

Thus, if someone who swears, by invoking a vow, manumission, or divorce, that he will not do something were afforded no concession, there would then be a cause requiring something lawful to become prohibited, and the grounds for forgiveness and mercy toward that person would no longer hold.