the Almighty. If it is used without specification, the Qadi said: There are two narrations regarding it. One of them is that it constitutes an oath, because if the definite article 'al' (in al-'ahd) denotes a specific reference, it must be referred back to the covenant of Allah, as it is the one by which an oath is typically sworn. If it denotes inclusiveness, this would be included within it. The second is that it does not constitute an oath, because it could mean something other than that for which expiation is required, and he did not specify it by his intention, so expiation is not required, as the default state is its absence.

1787 - Issue; He said: (Or by exiting from Islam).

There is a difference of opinion in the narration from Ahmad concerning one who swears by exiting from Islam, such as if he says: "I am a Jew, or a Christian, or a Magian, if I do such-and-such." Or: "I am free from Islam, or from the Messenger of Allah, may Allah bless him and grant him peace, or from the Quran, if I do [it]." Or he says: "I am a worshiper of the cross, or a worshiper of you, or a worshiper of other than Allah, if I do [it]." Or anything similar. According to Ahmad, expiation is binding upon him if he breaks the oath. This is narrated from [Ata', and] Tawus, al-Hasan, al-Sha'bi, al-Thawri, al-Awza'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). It is also narrated from Zayd ibn Thabit, may Allah be pleased with him. The second narration is: No expiation is binding upon him. This is the position of Malik, al-Shafi'i, al-Layth, Abu Thawr, and Ibn al-Mundhir, because he did not swear by the name of Allah, nor by His attribute, so no expiation is binding upon him, just as if he had said: "I disobeyed Allah in what He commanded me." It is possible that Ahmad's statement in the first narration should be interpreted as recommendation, not obligation, because he said in the narration of Hanbal: "If one says: 'I disbelieve in Allah' or 'I associate partners with Allah,' then it is more beloved to me that he pays the expiation of an oath if he breaks it." The basis for the first narration is what was narrated from al-Zuhri, from Kharijah ibn Zayd, from his father, from the Prophet, may Allah bless him and grant him peace, that he was asked about a man who says: "I am a Jew, or a Christian, or a Magian, or I am free from Islam," regarding an oath he swears by, then he breaks it in these matters. He said: "He owes the expiation of an oath." It was brought out by Abu Bakr. Also, because declaring oneself free from these matters necessitates disbelief, so the swearing is an oath, like the oath by Allah the Almighty.