What is the ruling on one who swore by Allah and by divorce more than once to quit stimulant pills, but did not quit them, knowing that he swore under the influence of the stimulant?
The majority of scholars hold that swearing an oath of divorce effects a divorce upon breaking the oath, and this is the we follow. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that an oath of divorce not intended to effect a divorce, but rather as a threat or emphasis, is treated like an oath sworn by Allah. Upon breaking it, an expiation for an oath is due, and no divorce occurs. Accordingly, the fatwa we follow is that breaking your oath effects your divorce, and an expiation for an oath is due from you. The effect of stimulant pills does not alter the ruling as long as you are aware. If the oath is repeated concerning a single matter before breaking it, then one expiation is due. If this divorce does not complete the three divorces, you may reconcile with your wife before her waiting period ends.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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