Is the oath in the aforementioned situation considered a conditional oath of divorce, subject to expiation for an oath, or is it an immediate divorce? And if it is an immediate divorce, is it considered two divorces due to the confirmation of the first oath with another oath?
If you swore an oath by divorce and did not intend for it to occur, but rather to punish your wife, the ruling on this oath differs among scholars. Some are of the view that it is like an oath by Allah, and expiation () is required upon breaking it without the divorce occurring. The majority, however, hold that divorce occurs upon breaking the oath, and this is the we follow.
If you repeatedly made the divorce conditional on a certain event, the divorce does not recur with the repetition of the condition. So, if you did not break your oath, your divorce did not occur. If you broke it, the fatwa we follow is that divorce occurs. However, there is no harm in acting upon the other opinion, which Dar al-Ifta gave you, if you are comfortable with it.
One should be wary of anger, for it is the key to evil.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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