Is the oath "By God, I will not benefit you from now on" considered an oath of divorce or a vain oath, and what is the Shar'i ruling on that?
Scholars have differed regarding the ruling on one who prohibits his wife. Some considered it ẓihār (a pre-Islamic form of divorce by declaring one's wife as unlawful as one's mother's back) necessitating the atonement for ẓihār, while others viewed it as an irrevocable divorce (ṭalāq bain). Still others said it was a triple divorce. The most preponderant opinion is that the ruling depends on the intention of the one swearing the oath: if he intended ẓihār, then it is ẓihār; if he intended divorce, then it is divorce; and if he intended an oath, then it is an oath requiring an atonement for breaking an oath if he violates it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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