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The question

What is the ruling on saying "By divorce from you, I will not come down" if the intention is not to return to the homeland until after finding a job, and does divorce occur by it?

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

Swearing by divorce is treated like a conditional divorce. The divorce occurs when the condition it was based upon is met, and its ruling depends on the oath-taker's intention. If his intention was absolutely not to descend, then his descending triggers the divorce. If his intention was not to descend for a specific period, then his descending within that period triggers the divorce; otherwise, nothing is upon him.

Some scholars are of the view that swearing by divorce refers back to the oath-taker's intention. If he intended the divorce to occur, it takes effect immediately upon the occurrence of the sworn-upon condition. If he intended encouragement, prevention, or similar, then its ruling is that of an oath, and one can be absolved from it by performing an expiation for an oath: feeding ten poor people, or clothing them, or freeing a slave. If one cannot find these, then fasting for three days, as Allah the Almighty says: "Allah will not impose blame upon you for what is unintentional in your oaths, but He will impose blame upon you for what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or freeing a slave. But whoever cannot find [or afford it] - then a fast of three days. That is the expiation for your oaths when you have sworn."

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
108578
Imported
Translation status
Source text, unreviewed
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