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The question

What is the ruling on someone who swore an oath by divorce, saying, "Upon me be divorce, I will not speak to anyone again," then broke his oath? Is he required to offer an expiation for breaking an oath (kaffarat yamin)? And is it permissible for him to fast three days instead of feeding if he is unable to do so?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The husband's statement to his wife, "By divorce, I will not tell anyone again," intending thereby not to involve any of her family members in their affairs or complain about her to anyone, is a conditional divorce. So, if he complains to her sister, the divorce has occurred according to the majority of scholars, whether he intended to enact it or merely to threaten. If this was the first or second divorce, he may take her back as long as she is within her waiting period (). If it was the third divorce, she is irrevocably divorced (baynunah kubra).

If he complains forgetfully, having sworn by divorce, the majority of scholars hold that the divorce occurs, while some do not see it as such. Adopting the view of the majority is more cautious.

The questioner's statement that he can fast for three days if he is unable to feed ten needy persons as expiation for an oath is correct. However, an ordinary person should not derive rulings directly from the Qur'an due to not possessing sufficient knowledge to avoid errors in understanding, specification, and abrogation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
164980
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.
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