Have two divorces occurred, or is an expiatory oath (kaffarat yamin) obligatory due to two oaths of divorce, one of which was not intended as a divorce and came out inadvertently, and the other of which the questioner was forced into to preserve his marriage?
You mentioned two instances of your swearing by divorce and :
The first instance: Your statement "It is haram and by divorce that I traveled for my paternal aunt." If this was a slip of the tongue and unintentional, then nothing is incumbent upon you.
The second instance: Your statement "It is haram and by divorce that I have not spoken with any woman other than you." If you have not spoken with women other than your wife in the manner you intended, then you are truthful and no breaking of the oath has occurred. However, if you did speak with them, then you swore falsely. The majority of scholars hold that divorce occurs, while Sheikh al-Islam Ibn Taymiyyah is of the opinion that neither divorce nor expiation is incumbent as a result. The ruling on tahrim (rendering something haram for oneself) depends on your intention (divorce, ẓihār, or an oath). Divorce pronounced during menstruation is an innovation (bid‘ah) and forbidden, yet it is considered valid by the majority of scholars.
It is advisable to consult the Shar‘i courts for matters that involve probabilities or disagreements among jurists. Spouses must avoid using divorce as a means to resolve problems.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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