What is the ruling on one who swears by divorce not to do something, then does it a month later, and does divorce occur in this case?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, regardless of whether divorce itself, a threat, or something else was intended. This is the established . Sheikh al-Islam Ibn Taymiyyah, however, holds that swearing by divorce, when not intended to make divorce conditional but rather as a threat or for emphasis, takes the ruling of an oath by Allah, requiring an expiation for an oath and not resulting in divorce. Based on the established fatwa, if the swearer breaks his oath, his divorce occurs. The breaking of the oath depends on his intention in what he uttered: if he intended abstinence absolutely or for more than a month, then he has broken the oath; if he intended for less than a month, he has not broken the oath, because intention specifies the general and restricts the absolute. The husband is advised to avoid swearing by divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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