Is it permissible to offer expiation for an oath at any time if the phrase "by divorce" is an oath and not a divorce, or does failing to offer it at a specific time lead to divorce?
The majority of scholars hold that divorce occurs when one breaks an oath sworn by divorce. However, Sheikh al-Islam Ibn Taymiyyah and those who agreed with him are of the opinion that swearing by divorce with the intention of emphasis or threat does not cause divorce to occur upon breaking the oath. Rather, the one who swore the oath is liable for an expiation for breaking an oath (kaffarat ), which can be paid before or after breaking the oath, and it becomes a debt upon him if he does not pay it. Swearing an oath that a woman will not enter the apartment does not include her coming to the house without entering. It is advised to disregard obsessive thoughts.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 150726
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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