Does divorce occur with the statement, "Divorce upon me that you leave the house," if it was intended to instill fear, and the person left and then returned after two hours?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, whether the intention was divorce, a threat, or anything else, and this is the relied-upon opinion. Sheikh al-Islam Ibn Taymiyyah, however, believes that swearing by divorce, when the intention is not to make divorce contingent but rather to threaten or emphasize, is subject to the same ruling as swearing by Allah: it necessitates an expiation for an oath (kaffarat ) and does not result in divorce. The determinant for what was sworn upon is the intention of the swearer. If you intended your brother to leave without returning or for a specific period, and he returned, then you have broken your oath. Upon breaking the oath, divorce occurs according to the majority of scholars, and an expiation for an oath is due according to Ibn Taymiyyah's view. The permissible oath is by Allah Almighty, and swearing by divorce is among the oaths of the dissolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/136258
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 136258
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy