What is the ruling concerning a husband who asks his wife to swear to him that she did not do something, then suspends her divorce upon her breaking this oath, saying: "If you have done those things, then you are divorced"?
The husband's words fall within the context of contingent divorce ( mu'allaq), which is a type of conditional oath. According to the majority of scholars (), it takes effect if the intention behind it is to induce an action or inaction, or to affirm a statement. However, Sheikh al-Islam Ibn Taymiyyah and Ibn al-Qayyim hold the view that it does not take effect if it carries the meaning of an oath, and in such a case, an expiation for breaking an oath (kaffarat ) is due. According to the majority, the divorce takes effect whether it carried the meaning of an oath or not. Therefore, if you did not perform any of those actions, the divorce does not take effect. But if you did perform any of them, the divorce takes effect according to the majority, and you would be sinful for making a false oath.
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