What is the ruling on swearing by "I divorce my wife" (علي الطلاق) and "I swear by God" (علي الحرام) in a state of anger? Is expiation (kaffarah) obligatory, and is it permissible to pay it to the "Insan" (Human) charity organization?
The fundamental principle regarding oaths is that they must be sworn by Allah Almighty or by one of His attributes. It is not permissible to swear by anything else, such as divorce. As for one who swears by divorce concerning a past event, if he is truthful, he does not break his oath. But if he is a liar, his divorce takes effect according to the unanimous agreement of the schools of thought. As for swearing by "" (unlawful), its ruling depends on the intention: if he intended divorce, it takes effect; if he intended an oath, he is bound by the expiation for an oath if he breaks it; and if he intended ẓihār (a specific form of divorce-like utterance), then it is ẓihār.
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