Two men who swear by divorce over something and do not know what it is

Al-Sha'bi (may Allah have mercy on him) was asked: A man said to another, "You are very envious." The other said, "Whichever of us is more envious, his wife is divorced three times." The first said, "Agreed." What is the ruling on this? Al-Sha'bi (may Allah have mercy on him) said: You have both suffered loss and both erred; the wives of both of you have been divorced.

Al-Harith (may Allah have mercy on him) said: I would leave this matter to their religious conscience, command them to fear Allah, and say: You two know best what you swore upon. He said: The principle of religious conscience (tadyin) applies in this matter and in matters like it.

Sa'id (may Allah have mercy on him) was asked: Two men saw a bird. One said, "If this is not a crow, his wife is divorced three times," and the other said, "If this is not a pigeon, his wife is divorced three times." He related the saying of Qatadah, who used to say: When the bird flew away and it was not known what it was, then neither this one should approach his wife nor that one approach his wife.

Al-Sha'bi (may Allah have mercy on him) was asked: A bird passed by two men. One said, "If this is not a bird, his wife is divorced," and the other said, "If this is not a crow, his wife is divorced," and the bird flew away. Al-Sha'bi said: Both of them should keep away from their wives.