Does a divorce issued by a husband while under the influence of addiction, who does not remember what he said, and intended it as a threat, take effect? And does a divorce take effect if the husband swears he will not take Tramadol, yet he does take it?

Scholars differed concerning one who swore an oath of divorce to do or not to do something, and then broke the oath. The majority opinion, which is what we issue fatwas according to, is that the divorce takes effect. Some scholars, like Sheikh al-Islam Ibn Taymiyyah, held that the divorce does not take effect if the husband did not intend to effect a divorce, but rather intended to prevent, encourage, or threaten, and that he must offer an expiation for breaking an oath. We alert that swearing an oath of divorce is a malady, a recklessness, and among the oaths of the dissolute.