an oath and then sees that another course is better, let him do what is better and expiate his oath.”

Whoever assigns one ruling to oaths invoking these matters and another to making vows, emancipating slaves and effecting divorce holds a position consistent with the Quran and the Sunnah. Whoever treats the two alike has contradicted the Quran and the Sunnah. Anyone who supposes that there is a consensus on this does so according to the extent of his knowledge, because he knows of no disagreement concerning it. Yet how could the Muslim community agree upon a weak position outweighed by stronger evidence, unsupported by any sound proof, when the Quran, the Sunnah, the reports from the Companions and sound analogy all contradict it?

There are three forms of wording:

A formula that effects divorce, such as saying, “You are divorced.” This is not an oath, by unanimous agreement.

An oath formula, such as saying, “Divorce is binding upon me: I will certainly do such-and-such.” This is an oath formula, by unanimous agreement.

A conditional formula, such as saying, “If you commit adultery, you are divorced.” In this case, if he intends the divorce to take effect when the condition is met—that is, if he wishes to effect the divorce if she commits adultery