to break the oath, taking the generality of the wording, and turning away from the reason, as in the one before it. Section: And when he says to his wife: If I have intercourse with you, you are divorced. His oath is directed to having sexual intercourse with her. Muḥammad ibn al-Ḥasan said: His oath is on stepping with the foot; because it is the literal meaning. It was narrated from him that if he said: I intended by it sexual intercourse. It would not be accepted in legal judgment. And for us, the fact that intercourse (waṭʾ), when attributed to the wife, is in custom an expression for sexual intercourse; [and for this reason sexual intercourse is understood from it] in the wording of the Lawgiver, in such as the saying of the Prophet -may Allāh bless him and grant him peace-: A pregnant woman shall not be had intercourse with until she gives birth, nor a woman who is not pregnant until she is cleared by a menstrual cycle. So it is necessary to apply it when it is unrestricted to that, like other customary names, such as the camel-litter (ẓaʿīna), the water-carrier (rāwiya), and their likes. And he does not break the oath until the glans disappears into the vagina. And if he swears that he will have intercourse with her, or will not have intercourse with them, it is directed to intercourse in the vagina, and he does not break the oath by intercourse other than in the vagina, even if he ejaculates; because the basis of oaths is upon custom, and custom is what we have stated. And if he swears: I will deflower you, and he deflowers her with a finger, he does not break the oath; because what is customary from the use of this expression is the intercourse of a virgin. And if he swears regarding a woman he does not own, that he will not marry her, his oath is on the contract; because the unrestricted use of marriage (nikāḥ) is directed to it. And if he is an owner of her by marriage or by right of possession, it is on having intercourse with her; because the context of the situation diverts it from the contract upon her; due to her being one who is already contracted upon. Section: And if he said: If I command you and you disobey me, you are divorced. Then he forbade her, and she disobeyed him, Abū Bakr said: He does not break the oath. And it is the position of al-Shāfiʿī; because she disobeyed his prohibition, not his command. And he said