al-Shafi'i, Ishaq, Abu Thawr, Abu Hanifa, and Ibn al-Mundhir, and we know of no one who differs with them. This is because the Prophet (peace be upon him) said: "Whoever swears an oath and says: 'If Allah wills'." Speech implies pronunciation. Furthermore, because an oath is not concluded by intention alone, and likewise is an exception. It has been narrated from Ahmad: If he was oppressed and made an exception in his heart, I hope that it is permissible, if he feared for himself. This applies to the one who fears for himself because his oath is not binding, or because he is in the position of one interpreting [the situation]. As for others, it is not so.

Section: The Judge (al-Qadi) stipulated that one must intend the exception. If he intended a firm resolve but his tongue slipped to the exception without intent, or if it was his habit to make the exception and his tongue slipped [to the exception] (12) without intent, it is not valid. This is because since the oath does not conclude without intent, neither does the exception. This is the school of al-Shafi'i. Some of them mentioned that the exception is not valid until one intends it from the beginning of his oath. If he swore without intending an exception, then it occurred to him after finishing his oath and he made an exception, it does not benefit him and is not valid, because this contradicts the generality of the report, for he said: "Whoever swears an oath and says: 'If Allah wills', he shall not break his oath." And because the wording of the exception must follow his oath, [and likewise his intention] (13).

Section: The exception is valid in every oath that requires expiation, such as an oath by Allah the Almighty, Zihar, and vows. Ibn Abi Musa said: Whoever makes an exception in an oath that requires expiation, his exception is effective (14), because they are oaths requiring expiation, so the exception enters into them, like an oath by Allah the Almighty. Thus, if he said: "You are to me like the back of my mother, if Allah wills," or: "You are unlawful to me, if Allah wills," or: "If I enter the house, then you are to me like the back of my mother, if Allah wills," or: "I owe it to Allah to give one hundred dirhams in charity, if Allah wills," then nothing is incumbent upon him, because they are oaths, and they fall under the generality of his saying: "Whoever swears an oath and says: 'If Allah wills', he shall not break his oath."

Section: If he said: "By Allah, I will certainly drink today, unless Allah wills," or: "I will not drink, unless Allah wills."