What is the ruling on one who swore by divorce in anger, intending an oath, then regretted what he said?
Your friend erred by rejecting what repels the evil eye, such as supplicating for blessing or saying: "Mā shāʾ Allāh Lā quwwata illā billāh (What God wills, there is no power except with God)." As for your utterance of "ʿalayya aṭ-ṭalāq (I divorce my wife)," it is a divorce contingent upon eating with the mentioned person. If that does not occur, then there is nothing upon you. However, if you proceed to eat in his presence, a single divorce will occur according to the more prominent opinion. Your lack of intention for divorce does not benefit you, because this formula is explicit and does not require intention. This is the view of the majority. Sheikh al-Islam Ibn Taymiyyah held that an expiation for breaking an oath is required upon breach if one did not intend divorce.
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- Original fatwa ID
- 111106
- Imported
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