What is the ruling on saying: "By talaq, I will never work again," with the intention of emphasis, then returning to work again out of necessity to deliver, knowing that the speaker cannot leave the place at the present time?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The majority of jurists hold that swearing an oath by divorce results in the occurrence of divorce upon breaking the oath, whether the intention was to effect a divorce or to urge an action or its abstention. This is the prevailing view.
Shaykh al-Islam Ibn Taymiyyah is of the opinion that if swearing an oath by divorce is not intended to effect divorce, then its ruling is the same as swearing an oath by Allah, and it necessitates an expiation for an oath (kaffarat ) upon breaking it, without divorce occurring.
Oaths are based on the intention of the swearer. Thus, if a person intends a specific thing with his oath, his oath is tied to what he intended.
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