1797 - Issue: He said: (And if he swears, and says: "If Allah wills" [In sha Allah], then he may act if he wishes, and leave it if he wishes, and there is no expiation upon him, provided there is no speech between the exception [istithna'] and the oath).

The totality of this is that if the person swearing says: "If Allah wills" with his oath, this is called an exception (istithna'). Ibn Umar narrated from the Prophet (peace be upon him) that he said: "Whoever swears and says: 'If Allah wills,' has made an exception." Recorded by Abu Dawud. The scholars are in consensus on calling it an exception, and that whenever one makes an exception in his oath, he does not break it. The basis for this is the saying of the Prophet (peace be upon him): "Whoever swears and says: 'If Allah wills,' does not break his oath." Recorded by al-Tirmidhi. Abu Dawud narrated: "Whoever swears and makes an exception, then if he wishes he may return [to his action], and if he wishes he may leave it." Furthermore, whenever he says: "I will certainly do such-and-such, if Allah wills," we know that whenever Allah wills, he will do it, and whenever he does not do it, Allah did not will it, for what Allah wills happens, and what He does not will, does not happen. Once this is established, it is a condition that the exception be connected to the oath such that no extraneous speech separates them, and he does not pause between them for a duration in which speech is possible. As for pausing due to being out of breath, loss of voice, speech impediment, or an accidental occurrence like sneezing or something other than that, it does not prevent the validity of the exception or the establishment of its ruling. This is the position held by Malik, al-Shafi'i, al-Thawri, Abu Ubayd, Ishaq, and the People of Opinion (Ashab al-Ra'y). This is because the Prophet (peace be upon him) said: "Whoever swears and makes an exception," and this implies it should follow immediately. Moreover, the exception is part of the completion of the statement, so its connection to it is considered, like a condition and its response, the predicate of a subject, and the exception using "except" (illa). Furthermore, if the person swearing pauses, the ruling of his oath is established and it becomes binding with its effects; once established, it cannot be averted or changed. Ahmad said: The hadith of the Prophet (peace be upon him) to Abd al-Rahman ibn Samurah: "If you swear an oath and then see that something else is better than it, then perform expiation for your oath," but he did not say: "And make an exception." If an exception were permitted at all times, no one who breaks an oath would be considered as such.