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The question

Is the cost of a work permit for the divorcer's ex-wife abroad considered a breach of his oath, "By divorce, you will have no other expenses from me until you arrive at my place," given that he did not intend anything at the time of the oath?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that swearing by divorce effects a divorce if the condition sworn upon occurs, and this is the relied-upon opinion for . However, Sheikh al-Islam Ibn Taymiyyah is of the view that swearing by divorce with the intention of threat or affirmation does not effect a divorce; rather, it necessitates an expiation for an oath (kaffarat yameen). The determinant for what was sworn upon is the intention. If the intention is absent, reference is made to the reason for the oath. Based on this, spending money to obtain the required paper is not included in the oath, and the swearer does not break it. It is preferable to avoid swearing by divorce because it is among the oaths of the wicked.

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Ftawy
Original fatwa ID
170856
Imported
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Source text, unreviewed
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