Validity of divorce and manumission stipulated within the oath of allegiance through implied wording (kinayah).
General Chapter
Al-Mughni
Book of Expiations
Primary text
If the swearer knows the oath and intends the oath by its contents, the stipulations concerning divorce and manumission are valid because the oath concerning these matters is established through implied wording (kinayah). The Qadi held that the oath concerning Allah and stipulations other than divorce and manumission are also concluded because it is an oath, thus established by the intended implied wording, similar to the oath of divorce and manumission.
Supporting text
A dissenting opinion from the Qadi in another context states that the oath by Allah is not established through implied wording. This is the position of Al-Shafi'i, based on the rationale that expiation (kaffarah) becomes obligatory due to the mention of the Great and Honored Name of Allah, which is not present in implied wording.