Do the texts mentioned by Ibn Taymiyyah, which indicate that "the oath of divorce is among the oaths of Muslims" and that the Companions "did not forbid" it, permit swearing by divorce initially as if it were a type of oath by Allah? And do these statements imply its validity and permissibility of acting upon it, or is there a difference between describing something as an "oath" and the permissibility of swearing by it? And what is the proof for the impermissibility of swearing by divorce, other than the general saying of the Prophet, peace and blessings be upon him: "Whoever is to swear, let him swear by Allah... and so on"?

Shaykh al-Islam Ibn Taymiyyah holds that swearing by divorce is an innovation (bid'ah) that arose in the Ummah and did not exist during the era of the Companions. He asserts that every innovation is a misguidance, and that swearing by divorce is a cause of much evil and corruption. He further believes that the Companions did not prohibit swearing by emancipation or similar oaths, nor did they prohibit swearing by divorce, as it was not present in their time. If he stated that swearing by divorce is among the oaths of Muslims, it is because it is one of the oaths by which Muslims swear, whether it is legislated or not, and this is not an evidence for its permissibility. He emphasizes that there is no sound evidence specifically prohibiting swearing by divorce, but it falls under the category of non-legislated oaths for which expiation (kaffarah) is required or the sworn-upon takes effect upon breaking the oath.