Ahmad was asked about it (95), and he did not answer anything regarding it. There are two possibilities concerning it; one of them is that she is not divorced. This is the view of Abu Thawr, because love is in the heart, and the love for that is not found from anyone. Her claim of her love for it is a known lie, so it cannot serve as evidence for what is in her heart. The second possibility is that she is divorced. This is the view of the people of logic (Ashab al-Ra'y), because what is in the heart can only be determined through her tongue, so it necessitates the suspension of the ruling upon her utterance of it, whether she is lying or truthful, just like the wish. There is no difference between his saying: 'If you love that,' and his saying: 'If you love it with your heart,' because love only exists in the heart.
Section: If he says: 'You are divorced if Allah wills,' his wife is divorced. Similarly, if he says: 'My slave is free if Allah wills,' he is freed. Ahmad stated this in a report from a group, and he said: 'They are not considered oaths.' This is the opinion of Sa'id ibn al-Musayyib, al-Hasan, Makhul, Qatadah, al-Zuhri, Malik, al-Layth, al-Awza'i, and Abu 'Ubayd. There is a report from Ahmad suggesting that the divorce does not take effect, and likewise the freeing of a slave. This is the view of Tawus, al-Hakam, Abu Hanifah, and al-Shafi'i, because he suspended it upon a will whose existence he did not know, so it does not take effect, as if he had suspended it upon the will of Zayd. The Messenger of Allah (may Allah bless him and grant him peace) said: 'Whoever takes an oath and says: "If Allah wills," does not break it.' Narrated by al-Tirmidhi (98), who said it is a hasan (good) hadith. Our evidence is what Abu Jamrah narrated, saying: I heard Ibn 'Abbas say: 'If a man says to his wife: "You are divorced if Allah wills," she is divorced.' Narrated by Abu Hafs with his chain of transmission. [And from Abu Burdah is the like of it] (99). And Ibn 'Umar and Abu Sa'id narrated, saying (100):
(95) Omitted from B. (96) In B: "bi-ḥubbihi" (with his love). In M: "maḥabbatihā" (her love). (97) Omitted from A and M. (98) In: Bāb mā jāʾa fī al-istithnāʾ fī al-yamīn (Chapter on what has come regarding the exception in an oath), from Kitāb al-Nudhūr (Book of Vows). ʿĀriḍat al-Aḥwadhī 7/14. It was also recorded by al-Bukhārī, in: Bāb al-istithnāʾ fī al-aymān (Chapter on the exception in oaths), from Kitāb al-Kaffārāt (Book of Expiations). Ṣaḥīḥ al-Bukhārī 8/182. And al-Nasāʾī, in: Bāb al-istithnāʾ (Chapter on the exception), from Kitāb al-Aymān (Book of Oaths). al-Mujtabā 7/23, 29. And Ibn Mājah, in: Bāb al-istithnāʾ fī al-yamīn (Chapter on the exception in an oath), from Kitāb al-Kaffārāt (Book of Expiations). Sunan Ibn Mājah 1/680. And Imām Aḥmad, in: al-Musnad 2/275. (99) Omitted from A. (100) In M: "qāla" (he said).