Is it permissible to pay thirty pounds as expiation for an oath after the husband swore by divorce that chili peppers would not enter the house, and then they entered through the wife's forgetfulness?
Swearing by divorce is considered a contingent divorce by the majority of scholars, and the divorce takes effect upon breaking the oath, and a kaffarah (expiation) for an oath is not sufficient, unless the one swearing intended the divorce to occur upon breaking the oath, in which case it takes effect. Sheikh al-Islam Ibn Taymiyyah is of the view that divorce does not occur by it, and a kaffarah for an oath is sufficient. The oath is broken if you intended absolutely not to introduce the substance by introducing its sister substance. However, if you intended the wife herself to introduce it, then the oath is not broken except by that. If the intention was not to use the substance or put it in food, then you do not break the oath unless you use it, and the wife's forgetfulness to remove it is an excuse that prevents breaking the oath. Assuming the oath is broken, the wife is divorced according to the majority of scholars, and she can be taken back before the 'iddah (waiting period) expires if it was the first or second divorce. According to Sheikh al-Islam, a kaffarah for an oath is sufficient (feeding ten poor persons, clothing them, or freeing a slave, or fasting three days). It is not permissible to give the value of the kaffarah except for someone who gives it as food on your behalf.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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