the Coptic. Likewise said al-Hasan and Qatadah. We say: What we mentioned is more correct, for it is agreed upon, and the statement of 'A'ishah—the person involved in the incident, who was present at the revelation and witnessed the situation—is more entitled [to be followed]. If al-Hasan and Qatadah had heard the statement of 'A'ishah, they would not have deemed anything equivalent to it, nor would they have turned to any other [opinion]. How then can one turn to their opinion while abandoning hers! It has been narrated from Ibn 'Abbas and Ibn 'Umar from the Prophet (may Allah bless him and grant him peace) that he designated the prohibition of the lawful as an oath. Even if it were established that the verse was revealed regarding the prohibition of Mariyah, it would still be an argument for us; because she is among the lawful things which he prohibited, and she is not a wife. Therefore, the obligation of expiation for prohibiting her entails its obligation in every lawful thing that is prohibited, by analogy to her. For he prohibited the lawful and thus incurred the obligation of expiation, just like the prohibition of a bondwoman and a wife; and what they mentioned is invalidated by [the case of] her prohibition. And if he says, "This is my stepdaughter," intending to prohibit her, it constitutes Zihar (injurious assimilation).

1789- Issue; He said: (Or he says: "I swear by Allah," or "I bear witness by Allah," or "I determine by Allah.")

This is the opinion of the generality of jurists, and we know of no disagreement regarding it. It is the same whether he intended the oath or used it absolutely. For if he said, "By Allah," without saying, "I swear," or "I bear witness," and did not mention the verb, it would be an oath. It is an oath only by estimating the verb before it, because the particle 'ba' connects to an implied verb, according to what we have mentioned. So, if he makes the verb explicit and utters the implied term, it is more fitting for its ruling to be established, and it has already gained the convention of usage. Allah Almighty said: "Then they two shall swear by Allah" (Quran 5:106). And He said: "And they swore by Allah" (Quran 5:47). And He said: "Then the testimony of one of them is four testimonies by Allah that he is indeed of the truthful" (Quran 24:6). The one performing Li'an (imprecation) says during his Li'an: "I bear witness by Allah that I am indeed of the truthful." And the woman says: "I bear witness by Allah that he is indeed of the liars." A Bedouin recited to 'Umar: "I swear by Allah, you shall indeed do it."