Does divorce occur when I take iron pills after my husband has sworn an oath, and does it make a difference whether the iron pills are ones already in the house or ones I will buy, and if divorce occurs, will it be one divorce or three divorces?
The preponderant opinion is that what matters in oaths is the intention of the swearer. If there is no intention, then reference is made to the reason that prompted the oath.
So, if the husband intended to make the divorce contingent upon the general act of taking medicine, or if the reason for his oath implied generality, then divorce occurs when the wife takes a single pill.
However, if his intention or the reason for his oath implied specifying the oath to a particular box of medicine, then divorce does not occur if the wife takes a pill from another box.
Upon the occurrence of divorce, it is considered a single revocable divorce according to the majority of scholars.
Some scholars, like Sheikh Al-Islam Ibn Taymiyyah, are of the view that swearing by divorce, when the intention is not to effect divorce but rather to threaten, falls under the ruling of swearing by Allah, thus requiring an expiation for an oath and not resulting in divorce.
It is advisable to present the matter to trustworthy scholars in the country, with the reminder that the permissible oath is by Allah, and that swearing by divorce is among the oaths of the dissolute.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/186470
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 186470
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy