Does the divorce oath sworn by the father—that his son will not enter a university with tuition fees—take effect, knowing that the son is provocative and the father is considering enrolling him in a university with tuition fees for the sake of his future?
Scholars have differed concerning the ruling on swearing an oath by divorce if the swearer breaks the oath. The majority of them hold that the divorce takes effect, whether the husband intended to enact the divorce or to threaten. Sheikh al-Islam Ibn Taymiyyah, however, held that if he intended to threaten and did not intend to enact the divorce, then it does not take effect, and he must offer an expiation for a broken oath. The preponderant opinion for us is the former. Thus, if the father enrolls his son in a university with tuition, his wife is divorced with one pronouncement, and he may take her back if this does not complete the three divorces. We emphasize that the permissible oath is to swear by Allah the Almighty.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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