What is the ruling on one who swore an oath of divorce that the surgeon appointed for the operation would not perform it, nor in the designated place, but his wife insists on the same doctor and place?
The we adhere to is that if a man swears an oath by divorcing his wife and then breaks that oath, his wife is divorced. However, if the one swearing the oath did not intend divorce, but rather intended to emphasize and threaten, then his wife is not divorced according to some scholars, such as Ibn Taymiyyah, and he is obligated to pay an expiation for a broken oath (kaffarat yameen). If you swore an oath that a specific doctor would not perform an operation on your wife, or that it would not be performed in a specific place, and that occurred, your wife would be divorced. As for the opinion of Ibn Taymiyyah, if you intended to threaten and emphasize, and did not intend to effect a divorce, then you may permit it, and no divorce occurs, but you are obligated to pay an expiation for a broken oath. The legislated oath is to swear by Allah, and swearing by divorce is among the oaths of the dissolute.
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