Is the Ila pronounced by a non-Muslim valid if the oath was contingent upon divorce or manumission?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If a non-Muslim swears an oath involving divorce ('talaq') or manumission ('itiq'), he is considered Mu'li because both divorce and manumission are legally valid acts for him. This is supported by the general principle that the Ila of one whose divorce is valid is valid, mirroring the ruling for a Muslim.
Supporting text
Abu Yusuf and Muhammad argue that if the oath was specifically by the name of Allah, the person is not considered Mu'li because he is not subject to the obligation, and thus would not incur sin (or breach) upon intercourse.