expiation,” or “I have chosen to perform what I vowed,” is his choice settled by his words, or only by his action?
If the choice is between two obligations, it is settled by a verbal declaration, as in the choice between making a declaration and divorce or emancipation. If it is between two actions, it is settled only by action, as with the choice between the various forms of expiation. If it is between an action and a legal consequence—as when he says, “If I do such-and-such, my slave shall be free,” “My wife shall be divorced,” “My blood may be shed with impunity,” “My property shall be charity,” or “My camel shall be a sacrificial offering”—the legal consequence is settled by a verbal declaration, whereas the action is settled only by its performance. And Allah knows best.
Shaykh al-Islām—may Allah Most High have mercy on him—said:
A Chapter of Great Importance
An oath that urges a person to do something or restrains him from it, such as saying, “I shall certainly do it,” or “I shall not do it,” contains both a directive and an assertion. The same applies to promises and threats. This differs from a purely declarative oath, such as his saying:
“By Him in Whose hand is my soul, the son of Mary will surely descend among you as a just judge and an equitable leader.”
Or: “By Allah, the caravan will surely arrive.” This is purely a statement about something that will happen, just as a similar statement may be made about the past.
It also differs from a pure request, such as saying to someone else, “Do this,” or “By Allah, do this,” and similar expressions, when the speaker is merely making a request and does not know whether the other person will obey or disobey him. For this reason, adding an exception is not appropriate in this kind of request, nor is any expiation due, since there is no breach.