Abū Hanīfah and al-Shāfi‘ī. They said that whoever says, “Divorce is binding upon me,” does not thereby effect a divorce, nor does anyone who swears an oath using this formula. This is also reported from Abū Hanīfah himself.

Some scholars held that whoever swears an oath invoking divorce does not thereby effect a divorce, nor is he required to offer expiation. It is established from the Companions and the leading Successors that, when someone swears an oath invoking emancipation, emancipation does not become binding upon him; rather, expiation for an oath suffices. The positions of the four imams differ from this. This applies all the more to oaths invoking divorce. Accordingly, some leading Successors held that an oath invoking divorce does not effect a divorce, treating it instead as an oath requiring expiation.

This differs from actually effecting a divorce: if undertaken in the manner prescribed by Islamic law, it takes effect by the unanimous agreement of the Muslim community, and no expiation is due, likewise by their unanimous agreement. Indeed, no expiation applies to effecting a divorce at all; expiation pertains specifically to swearing oaths.

When Muslims disagree over a matter, they must refer their disagreement to Allah and the Messenger. Whichever of the two positions is supported by the Quran and the Sunnah must be followed. One example is the position that distinguishes between making a vow, emancipating a slave or effecting a divorce, and swearing an oath invoking any of these. This distinction is supported by the Quran, the Sunnah, the statements of the Companions and analogical reasoning. Allah mentions the ruling on divorce in His words, Exalted is He:

“When you divorce women”

and He mentions the ruling on oaths in His words:

“Allah has prescribed for you release from your oaths.”

It is established in the authentic hadith collections that the Prophet—may Allah bless him and grant him peace—said: “Whoever swears