What is the ruling on an oath of divorce uttered by a father to his son due to his smoking, given that the father was angry and later learned that his son is still smoking?
The majority of scholars hold that swearing an oath of divorce leads to divorce upon breaking the oath, and that uttering "divorce thrice" results in three divorces.
However, Sheikh al-Islam Ibn Taymiyyah is of the opinion that an oath of divorce not intended to effect divorce is treated like an oath sworn by Allah, and requires an expiation for an oath (kaffarat ) if broken, without divorce taking place. If divorce was intended, and it was uttered as "thrice," then it counts as one divorce.
If the father intended by threatening to "slaughter" his son an exaggeration in punishing him with beating or similar, then if he carries out the punishment, no divorce or expiation is required of him.
But if the father breaks his oath, he is bound by three divorces according to the majority of scholars. The breaking of the oath occurs by not inflicting the punishment on the child within the specified time or by the last possible moment.
According to Ibn Taymiyyah's view, the father can offer an expiation for an oath and not carry out the punishment. The father should present the matter to trustworthy scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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