Is it permissible for the wife to buy something she desperately needs after her husband swore by divorce that he would not buy it for her, and how can she or whoever buys it for her be compensated?

Scholars have differed regarding the ruling on swearing an oath by divorce if it is intended for threat, prevention, urging, or affirmation. The majority hold that divorce occurs when the sworn-upon condition is met. However, Shaykh al-Islam Ibn Taymiyyah was of the opinion that its ruling is like that of an oath by Allah, meaning that an expiation for an oath is due, and divorce does not occur.

The reference for determining the sworn-upon condition is the intention of the one swearing the oath. If he intended absolute abstention, he breaks his oath by purchasing in any way. If he intended abstention only by himself, then he does not break his oath by having someone else act as an agent.

If the one swearing the oath does not have a specific intention, then the reference is the reason for the oath. If the reason necessitates absolute prevention, he breaks his oath by any purchase. If it necessitates prevention only by himself, then he does not break his oath by someone else’s purchase.

Swearing an oath by divorce is not legislated. Some scholars have deemed it forbidden, while others have considered it disliked.