Does a divorce take place and is an expiation (kaffarah) obligatory for one who swore an oath of divorce by saying: "Divorce be upon me, this marriage will not happen," intending to threaten his family and not to divorce, then this marriage became easy to attain?
The majority of scholars hold that swearing by divorce results in divorce upon breaking the oath, and this is the we follow. However, Sheikh Al-Islam Ibn Taymiyyah is of the view that if swearing by divorce is not intended to effect divorce but rather to threaten or emphasize, its ruling is the same as swearing by Allah, and it necessitates an expiation for an oath (kaffarat yameen) upon breaking it, without divorce occurring. Accordingly, the fatwa we follow is that the questioner's divorce takes effect if his sister marries this man. As for Ibn Taymiyyah's view, he would owe an expiation for an oath. The lawful oath is by Allah Almighty, and swearing by divorce is considered among the oaths of transgressors. Some scholars have deemed it forbidden, while others consider it disliked.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/132368
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132368
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy