and not remain married to an adulteress—then this effects divorce and is not an oath. But if he intends to deter and restrain her, without intending to divorce her if she commits adultery, then this is an oath, by unanimous agreement.

Section

As for the statements of the Companions, if they became widely known and were not challenged during their lifetime, they constitute authoritative evidence according to the vast majority of scholars. If the Companions disagreed, the matter in dispute must be referred back to Allah and the Messenger. Scholars unanimously agree that the statement of some Companions is not authoritative evidence when other Companions oppose it.

If one of them expressed a view, none expressed a contrary view, and it did not become widely known, its authority is disputed. The majority of scholars accept it as evidence, including Abū Hanīfa, Mālik, Ahmad—according to the well-known position reported from him—and al-Shāfi'ī in one of his two positions. Indeed, in his later works, al-Shāfi'ī relies on such statements as evidence in several places. Nevertheless, some people say that this was his earlier position.