Is saying "Ali al-Haram" (By Ali, it is forbidden/unlawful) considered a divorce oath?
The statement "عليّ الحرام" (upon me be that which is forbidden/unlawful) is considered an oath to forbid what is lawful, and it is an oath for which expiation () is due if one breaks it. This is the view of the majority of the Companions, such as Umar, Ibn Abbas, Aisha, and others. It is more likely that it incurs the expiation for an oath. If one does not break the oath, there is no expiation. But if one does break it, then the expiation for an oath is due. The meaning of this phrase depends on the intention of the one who utters it; if he intends divorce by it, it is a divorce. If he intends ẓihār (a form of divorce by likening one's wife to an unmarriageable relative) by it, it is ẓihār. And if he intends an oath by it, then it is an oath requiring expiation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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