What is the difference between a conditional divorce (talaq al-mu'allaq) and swearing an oath by divorce (al-halif bi al-talaq)? Is expiation (kaffarat al-yamin) required in both cases, with an example for each type?
Swearing by divorce is intended to encourage or prevent an action, and it has two forms: 1. A man saying to his wife: "If you enter So-and-so's house, you are divorced," intending to prevent her. 2. His saying: "Divorce is upon me," or "Divorce is binding upon me."
As for conditional divorce ( Mu'allaq), it involves a mere condition and does not imply encouragement or prevention, such as a man saying: "If the sun rises, his wife is divorced." This is called a mere condition (ta'liq mahd) and a pure condition ( mahd).
The majority of scholars () do not differentiate between these two from a jurisprudential perspective, unlike Sheikh Al-Islam Ibn Taymiyyah and those who agreed with him, who hold that what functions as an oath () entails expiation () upon breaking it, and not divorce.
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