Does the father's divorce oath, sworn three times not to buy from a certain person's shop, take effect if the son buys from this shop?
The majority of scholars hold that swearing an oath by divorce results in the occurrence of divorce if the oath is broken, whether the intention was to effect a divorce or to threaten or anything else. Whereas Sheikh al-Islam Ibn Taymiyyah is of the view that an oath by divorce, which is not intended to effect a divorce but rather to threaten or emphasize, is subject to the same ruling as an oath by Allah. Thus, if the swearer breaks the oath, he must pay an expiation for an oath, and his divorce does not occur. Based on this, if your brother bought from the shop after your father swore an oath by divorce, then divorce occurs according to the view of the majority. According to Ibn Taymiyyah's view, the father must pay an expiation for an oath if his intention was to threaten. It must be noted that the permissible oath is swearing by Allah Almighty, and swearing by divorce is among the oaths of the wicked.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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