What should I do after my husband swore to divorce me—and he frequently swears by it—if I take anything from my family, and then my mother gives me a gift?

Most scholars hold the view that swearing an oath of divorce and conditioning it upon a certain event leads to divorce if the condition is violated, and this is the prevailing fatwa. Sheikh al-Islam Ibn Taymiyyah, however, believes that if the intention behind this oath was not to effect a divorce, its ruling is the same as swearing by Allah, and the one who swore the oath must pay an expiation for a broken oath (kaffarat yamin) if the condition is violated, and no divorce occurs.

The occurrence of breaking the oath (hinth) depends on the swearer's intention: whether he intended an absolute prohibition or a temporary one. What is relied upon by us is to consider the intention and give it precedence over the apparent wording. If no intention is found, one refers to the reason for the oath. If that is also absent, the oath is interpreted according to its apparent wording.

Therefore, the husband must be asked about his intention behind his oath. If he intended a general prohibition, then the divorce has occurred. If the divorce is not the third and final one, he may take his wife back before the expiry of her iddah (waiting period). It is preferable for the husband to consult scholars. It must be noted that the only permissible oath is swearing by Allah Almighty. Swearing by divorce is among the oaths of the dissolute and one must beware of it.