Is stating 'In sha'Allah' (if Allah wills) effective in dissolving liability for oaths concerning divorce or manumission?
General Chapter
Al-Mughni
Book of Oaths
Primary text
There is disagreement regarding the effect of stating 'In sha'Allah' upon an oath related to divorce or manumission. Some state that the exception does not benefit the person, citing that Ahmad hesitated on the issue due to conflicting evidence and views. Those who state it is ineffective argue that divorce and manumission are not genuine oaths (yamin) sworn by Allah, but rather mere conditional statements. Malik, Al-Awza'i, Al-Hasan, and Qatadah hold this view.
Supporting text
Tawus, Hammad, Al-Shafi'i, Abu Thawr, and the People of Opinion permit the exception based on the Prophet's saying, 'Whoever swears and says, In sha'Allah, he will not have violated his oath,' and because the divorce or manumission was conditioned upon a requirement that did not materialize. The counter-argument is that the Hadith only applies to oaths sworn by Allah, and divorce/manumission are conditions, not oaths.