Does divorce occur if a man says to his wife, "Divorce be upon me if you hit the child again," and his intention was to threaten, not to divorce, then the wife hits the child after a period of time?
The decisive factor in a man's oath is his intention. If he intended only to prevent his wife from hitting the child at that specific moment, then he does not break his oath if she hits the child afterwards. However, if he intended to prevent her from hitting the child absolutely, then he breaks his oath if she hits the child, even after some time. In the case of breaking the oath, divorce occurs according to the majority of scholars, whereas Ibn Taymiyyah holds that if he did not intend to cause divorce, then it does not occur, and he is obligated to offer an expiation for an oath. It should be noted that the permissible oath is to swear by Allah Almighty, while swearing by divorce is among the oaths of the dissolute and can lead to grave consequences.
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- 182000
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