Does divorce occur if the husband takes from his wife's money after swearing: "Upon divorce, I will not come near your money"?

If the husband took from his wife's money after swearing that he would not take from it, the ruling depends on his intention: 1. If he genuinely intended divorce: One divorce counts if he broke his oath. 2. If he did not intend divorce (which is more common): But rather intended to commit himself to avoiding her money, then his words are treated like an oath. If he takes from her money, he must offer expiation for breaking an oath (kaffarat yamin), and no divorce occurs.

Shaykh al-Islam Ibn Taymiyyah emphasized that when divorce is conditioned upon an event, the speaker's intention must be considered: If he intended an oath: Its ruling is that of an oath, and he must offer expiation. If he intended the occurrence of divorce upon the fulfillment of the condition: Divorce occurs.

This view is supported by the majority of scholars and a number of Companions, such as Ibn Umar, Ibn Abbas, and Aisha, who hold that swearing by divorce or manumission necessitates expiation for breaking an oath, and divorce does not occur if the intention was to take an oath, not to effect a divorce.