What is the ruling on one who swore by divorce not to eat with his son, then ate; does the divorce take effect, and is he liable for an expiation for breaking an oath (kaffarat yamin)?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and this is the established . However, Sheikh Al-Islam Ibn Taymiyyah is of the view that swearing by divorce, when the intention is not to effect divorce but rather to threaten or emphasize, has the same ruling as swearing by Allah. Thus, if the swearer breaks the oath, an expiation for an oath becomes obligatory upon him, and no divorce occurs. Based on this, if this man ate with his son, the established fatwa according to us is that divorce occurs, and he can take his wife back if she has not completed three divorces and before the expiry of her . As for the view of Sheikh Al-Islam Ibn Taymiyyah, if he did not intend to effect divorce, then no divorce occurs, and an expiation for an oath becomes obligatory upon him. Swearing by divorce is not permissible; rather, the permissible oath is swearing by Allah Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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