What is the ruling on a husband who conditions his wife's divorce on the flimsiest pretexts, such as her leaving the house, or if he doubts her pregnancy by him and tells her: "If it is not my child, then you are divorced"?

Scholars have differed concerning the ruling on swearing by divorce and making it conditional on an act. The majority of them hold that divorce occurs upon breaking the oath, and this is the fatwa (definition). Sheikh al-Islam Ibn Taymiyyah and those who agreed with him are of the view that if one did not intend to effect a divorce, but rather intended to emphasize, prohibit, or encourage, then the one who swore the oath must pay an expiation for an oath (kaffarat yamin (definition)).

So, if a husband swears to his wife by divorce or makes her divorce conditional on an action, such as her leaving the house, then she is divorced upon her leaving. If he makes her divorce conditional on the pregnancy not being from him, then she is divorced if she is pregnant by someone else. If the husband mispronounces the word "divorce" (talaq (definition)), saying "talik" instead, and did not intend to effect a divorce, then it does not occur according to some scholars.

Accusing one's wife of immorality without proof is a major sin. The husband must avoid swearing by divorce because it is among the oaths of the wicked, and undesirable consequences may result from it. The lawful oath is only by Allah the Almighty.