Is a divorce counted for someone who swore to himself, "By divorce, I will not transfer again to anyone," if he does transfer? And is his audible statement, "I swore that I would not transfer again to anyone," considered a new divorce? And is the breach of oath limited to bank or phone transfers only, or does it include giving money to buy communication cards, or talking from his phone or the home phone, or using the internet, or giving money to buy a card, or transferring to himself, or receiving a transfer, or buying a card in a country where there is no bank transfer, or contacting his family?
If you swore to yourself without uttering a word or moving your lips, it is not considered an oath, because the Prophet, peace and blessings be upon him, said: "Indeed, Allah has pardoned my Ummah for what they whisper to themselves, as long as they do not act upon it or speak of it." As for your statement "divorce be upon me" with the movement of the lips, it is considered a binding oath. The majority of scholars hold that divorce becomes binding upon breaking such an oath. However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that if one swears by divorce intending to prevent oneself from something or to urge oneself to do something, then upon breaking the oath, an expiation for an oath becomes binding, and the divorce does not occur. You are only bound by what you intended. As for the other possibilities you mentioned (from 1 to 9), you are not bound by them because the oath does not cover them and you did not intend them. If there was no intention, then "the context of the oath" is considered, which is the reason that prompted the swearing. The oath does not take effect if its original cause ceases to exist.
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- Ftawy
- Original fatwa ID
- 120481
- Imported
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- Source text, unreviewed
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