Does divorce occur with the oath, "Divorce be upon me thrice, all of this house is from the sweat of my brow," when there is an amount of 60 dinars of illicit money that was not used in building the house but was spent on personal expenses, and the oath was made out of forgetfulness?
If you were truthful in your oath that you did not introduce unlawful money into the building of your house, then no divorce occurs for your wife. However, if you did introduce unlawful money and swore, believing it was not there, the preponderant opinion is that no breach of oath occurs, because this oath is considered a 'laghw al-' (a vain or unintentional oath), and there carries no expiation.
Nevertheless, you must render what is due to its rightful owners, whether it be the entity that commissioned you or the workers, for the Prophet, peace and blessings be upon him, said: "Give the laborer his wages before his sweat dries." We advise against 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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