Does divorce take effect if I say to my wife: "If I lose it, then you are unlawful to me until the Day of Judgment," knowing that I lied to her out of necessity and have repented? And what is the solution if the divorce has taken effect?
Scholars differed concerning the ruling on swearing by the prohibition of one's wife. Some considered it ẓihār, others considered it a divorce, and yet others considered it an oath. The authoritative distinguishes between these cases based on the intention of the swearer.
If the swearer did not intend divorce or ẓihār, then the ruling on this prohibition is the same as swearing by Allah. As Sheikh al-Islam Ibn Taymiyyah said, "Whoever did not intend it is not bound by a vow, divorce, manumission, or prohibition."
Since the oath was false, it is a ghamus (a false oath), which necessitates repentance. There is no expiation for it according to the majority of scholars, while the Shafi'is and a narration from the Hanbalis hold that expiation is obligatory, which is feeding or clothing ten needy persons, or fasting three days for whoever is unable to do that.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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