Does the father's divorce take effect if he swore to divorce his daughter's mother if his daughter went to work, and then he agreed to her going to work?
If the father intended to make the mother's divorce contingent upon the daughter going to her work at the nursery, then her going there would make him break his oath, and his divorce would befall his wife. His retraction from the oath would not benefit him. This is the view of the majority of scholars. Whereas some scholars, like Ibn Taymiyyah, hold that the ruling on swearing by divorce, when it is not intended to make divorce contingent but rather for threat or emphasis, is the same as swearing by Allah. In this case, the one who swore must pay expiation for an oath, and divorce does not occur. Ibn Taymiyyah also holds that if someone intended to make the divorce occur upon the fulfillment of the condition, they may retract the contingency without any consequence. It must be noted that the lawful oath is swearing by Allah Almighty, whereas swearing by divorce is among the oaths of the dissolute, and grave consequences may result from it.
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