What is the ruling on swearing by divorce not to marry one's sister to a specific person, and is expiation required if the marriage takes place?
An oath by divorce has two situations: 1. If the one swearing by divorce intends for the divorce to occur upon the fulfillment of the sworn-upon condition, then the divorce takes place. 2. If the one swearing does not intend divorce but rather intends to prohibit or deter, then scholars have differed: The majority of scholars hold that the divorce takes place upon the fulfillment of the sworn-upon condition. Shaykh al-Islam Ibn Taymiyyah holds that this is akin to an oath, and an expiation for an oath (kaffarat yameen) becomes obligatory upon the fulfillment of the sworn-upon condition.
The questioner is advised to fear Allah, to avoid swearing by other than Allah, and to refer to the Sharia court to clarify the matter.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/39808
- Source platform
- Ftawy
- Original fatwa ID
- 39808
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy