Is it considered a divorce if a man swears an oath of divorce to his wife twice, saying: "Upon me be an oath and divorce if I did this"?

If a person falsely swears by saying: "I swear by oath and divorce that I did not do such and such" twice, then the following is binding upon him: 1. Regarding his statement "I swear by oath": He must offer an expiation for an oath (kaffarat yameen) according to the majority of scholars, whereas the Shafi'is do not consider this wording an oath. 2. Regarding his statement "and divorce": This is considered an explicit oath of divorce, and a single divorce is binding upon him according to the majority. However, Sheikh al-Islam Ibn Taymiyyah holds that no divorce is binding, but only repentance.

If the oath was concerning a single matter, then one expiation and one divorce suffice. However, if the matters sworn upon were multiple, then an expiation is required for each oath, and a divorce for each instance of breaking an oath of divorce (provided that the breaking of the oath occurred while the wife was still married or after her return).

Swearing by divorce is disliked and may even be forbidden. It is preferable to swear by Allah or to remain silent.