What is the ruling on paying off a debt to someone after the the borrower swore an oath of divorce upon his wife that he would not pay it back?
Swearing by divorce is among the forbidden oaths of the wicked. If one swears to abandon an obligation, he must break his oath and fulfill his duty, because upholding such an oath leads to abandoning an obligation, which is a sin. The majority of scholars hold that the divorce takes effect, and he may take back his wife before her waiting period () ends, provided this divorce does not complete three divorces. Ibn Taymiyyah is of the view that if the one who swears by divorce does not intend for the divorce to occur, then he must pay an expiation for an oath. He does not break his oath if he intended not to fulfill the obligation for a specific period and then fulfilled it after that period expired.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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