The ruling on swearing an oath of divorce with the intention of prevention or encouragement
Machine translationRead the Arabic original
The questioner:
This questioner asks about a man who swore an oath of divorce regarding his wife, intending that he swore an oath to prevent her from that act?
The Shaykh:
Yes, go ahead.
The questioner:
He swore an oath of divorce regarding his wife, intending that he swore an oath.
The Shaykh:
Yes, this is a matter of disagreement among the scholars: if one intends prevention, or encouragement, or affirmation, or denial, and intends an oath, is it an oath that requires expiation, or does the divorce take place? The school of thought holds that the divorce takes place; the school of thought holds that the divorce takes place even if he intended an oath, because it is a divorce contingent on a condition, so if the condition is met, the divorce takes place. Yes.
The presenter:
May Allah reward you,
This questioner asks about a man who swore an oath of divorce regarding his wife, intending that he swore an oath to prevent her from that act?
The Shaykh:
Yes, go ahead.
The questioner:
He swore an oath of divorce regarding his wife, intending that he swore an oath.
The Shaykh:
Yes, this is a matter of disagreement among the scholars: if one intends prevention, or encouragement, or affirmation, or denial, and intends an oath, is it an oath that requires expiation, or does the divorce take place? The school of thought holds that the divorce takes place; the school of thought holds that the divorce takes place even if he intended an oath, because it is a divorce contingent on a condition, so if the condition is met, the divorce takes place. Yes.
The presenter:
May Allah reward you,
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/120 شرح زاد المستقنع/ صالح الفوزان — youtube.com (41:28)
The Arabic text is a machine transcription of the audio recording.