The exception nullifies the effect of the oath. Likewise, if he connects his oath to a condition or unintelligible speech. If he swears before the judge asks him to take an oath, it is repeated for him, and what he swore before the demand for the oath is not counted. Likewise, if the judge asks him to take an oath before the claimant asks him to do so, it is not counted.

Section: If someone claims a debt or a right against a man, and he says: "You have already released me from it, or you have already received it from me," then the statement is that of the one who denies the release and the receipt, along with his oath. It is sufficient for him to swear by Allah that this right—and he specifies it in a way that makes it known—is such that "your liability was not cleared of it, nor (44) any part of it," or "your liability was not cleared of that right, [nor any part of it] (45)." If he claims the receipt or the release through a specific known method, he swears regarding that specific method only, and it suffices him.

Section: Rights are of two types. The first is what is a right of a human being. The second is what is a right of Allah, the Exalted. The human right is divided into two categories. One of them is what is wealth, or that for which wealth is the intended purpose; this is where the oath is legislated, without disagreement among the scholars. If the claimant has no evidence, the defendant swears, and is acquitted. This has been established in the case (46) of the Hadhrami and the Kindi who disagreed regarding land, and the generality of the Prophet's (peace and blessings of Allah be upon him) statement: "But the oath is for the defendant" (47). The second category is that which is not wealth, nor is wealth the intended purpose thereof, and it is everything (48) that is not established except by two witnesses, such as qisas (retaliation), the hadd punishment for slander, marriage, divorce, reconciliation, manumission, lineage, the status of umm al-walad, loyalty (wala'), and slavery. Regarding this, there are two narrations. One of them is that the defendant is not asked to swear, and the oath is not presented to him. Ahmad said: "I have not heard of those who passed before us permitting oaths except in cases of wealth and commodities specifically." This is the view of Malik. A similar view is that of Abu Hanifa, for he said: "He is not asked to swear in marriage, and what..."