What is the ruling on breaking an oath of divorce that was intended to show honor or to cancel a transaction, and what is its expiation?
The majority of scholars hold that swearing an oath by divorce results in divorce if the oath is broken, whether the intent was to effect a divorce, to threaten, or anything else. This is the prevailing opinion (al-mufta bihi). However, Sheikh al-Islam Ibn Taymiyyah is of the view that if a person swears an oath by divorce without intending to effect it, but rather for threatening or urging, then an expiation for a broken oath (kaffarat ) is due, and divorce does not occur. As for the ruling on the brokerage mentioned, there is no harm in taking the difference in price as long as the seller is aware of it, and you were not an agent for the buyer, and the buyer agreed to pay the price. Since you broke your oath by divorce regarding not completing the sale, the prevailing opinion (al-mufta bihi) according to us is that divorce occurs, contrary to Ibn Taymiyyah, who holds that in this case, an expiation for a broken oath is due, and divorce does not occur. It is advisable to avoid swearing oaths by divorce.
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Reviewed by El Fatwa's sharia committee.
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