What is the ruling on frequently swearing by divorce with the phrase "علي الطلاق" (upon me be divorce) without a specific intention, along with repentance from this statement?
Swearing by divorce is forbidden in Islamic law because it is swearing by other than God and is considered an oath of the wicked, and it puts the marriage at risk. If the condition of "I divorce my wife if I do such-and-such" is met, divorce occurs according to the majority of scholars, whether separation or threat was intended. If you break your oath three times or more while you are married or within the ' (waiting period), then your wife becomes unlawful to you until she marries another husband. If the breaking of the oath is less than three times or occurs after the wife's final separation, you may take her back before the end of her 'iddah. Sheikh Al-Islam Ibn Taymiyyah holds the view that divorce does not occur if there was no intention of divorce, and an expiation for an oath becomes binding. It is advisable to consult an Islamic court or ask knowledgeable scholars for clarification of details.
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