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The question

What is the ruling on swearing by divorce (al-halif bi al-talaq), and when is it valid and binding, and when can it be overlooked, taking into consideration the opinions of the four madhhabs?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The majority of scholars hold that when a husband says: "Divorce be upon me if I do such-and-such, or if I do not do such-and-such," divorce takes place if the condition is met, regardless of whether the husband intended divorce or not. Some scholars, however, are of the view that if he did not intend to make divorce conditional, but rather intended to urge himself or others to do something or to deter them from it, then this is not considered a divorce. Instead, it is treated like an oath, and if the condition is met, he must pay an expiation for breaking an oath. This is the view preferred by Sheikh al-Islam and those who agreed with him. Following the requires swearing by Allah for whoever wishes to swear an oath, and divorcing according to the for whoever wishes to divorce, without making the wife's bond susceptible to dissolution due to a matter she has no connection with.

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Ftawy
Original fatwa ID
46369
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