an oath, but an oath in its unrestricted sense refers only to a formal oath (qasam), and it is only diverted to other than that by evidence. There is no disagreement that a swear by other than Allah, the Almighty, and His attributes is not Ila', because it does not necessitate an expiation nor anything that prevents intercourse, so it is not Ila', like a statement without an oath. If we follow the second narration, he is not a Muli unless he swears by something that, if he breaks, a right becomes binding upon him, such as saying: 'If I have intercourse with you, my slave is free,' or 'you are divorced,' or 'you are to me like the back of my mother' (Zihar), or 'you are forbidden to me,' or 'I owe it to Allah to perform a year of fasting, Hajj, or charity.' This is considered Ila', because by having intercourse, a duty becomes binding upon him which prevents him from doing so due to his fear of its obligation. If he says: 'If I have intercourse with you, you are an adulteress,' he is not a Muli because no obligation falls upon him by the act of intercourse, nor does he become a qadhif (one who falsely accuses of adultery) through intercourse; for accusation (qadhf) is not contingent upon a condition, and it is impossible for her to become an adulteress by his having intercourse with her, just as she does not become an adulteress by the rising of the sun. If he says: 'If I have intercourse with you, I owe it to Allah to fast this month,' he is not a Muli, because if he were to have intercourse with her after the month has passed, no duty would be binding upon him; for fasting that month is inconceivable after it has passed, so it cannot be binding as a vow, just as if he were to say: 'If I have intercourse with you, I owe it to Allah to fast yesterday.' But if he said: 'If I have intercourse with you, I owe it to Allah to pray twenty rak'ats,' he is a Muli. Abu Hanifa said: 'He is not a Muli; because prayer does not involve wealth, nor is it connected to wealth, so the one who swears by it is not a Muli, just as if he said: 'If I have intercourse with you, I owe it to Allah to walk in the market.' We argue that prayer is made obligatory by a vow, so the one who swears by it is a Muli, like one who swears by fasting or Hajj. What he mentioned is incorrect, for prayer requires water and a barrier (sutra). As for walking in the market, the analogy of the school according to this narration is that he is a Muli;