Does a divorce pronounced in the form "divorce upon me that I will not give him any money" take effect if the intention behind it was to threaten and discipline, and then it was breached by giving the money?
Scholars differ concerning the ruling on swearing by divorce if the sworn-upon act occurs. The majority of scholars hold that divorce takes place thereby, while Sheikh al-Islam Ibn Taymiyyah is of the opinion that no divorce takes place thereby; rather, the swearer must offer expiation for an oath (kaffarat ) if he did not intend to make the divorce contingent but rather intended to threaten or emphasize. Accordingly, if you intended not to give your son money perpetually or for a specific period, and then you gave it to him before the end of that period, you have broken your oath. According to the majority opinion, your wife is divorced, and you may take her back as long as she is within her waiting period (), if it was the first or second divorce. As for the opinion of Sheikh al-Islam, expiation for an oath is incumbent upon you.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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