Is it permissible to swear an oath by divorce, and is it considered shirk (associating partners with Allah), since the Messenger (peace and blessings be upon him) said, "Whoever swears an oath, let him swear by Allah"?
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Question:
Is it permissible to swear an oath by divorce? And is it considered shirk (associating partners with Allah)? Because the Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 2679.
Answer:
There is no doubt that oaths are made by Allah. It is not permissible for a person to swear by anything other than Allah. One does not swear by trustworthiness. One does not swear by the Prophet (peace and blessings be upon him). One does not swear by anything other than Allah (Mighty and Majestic).
As for the issue of divorce, swearing an oath by divorce means using divorce in place of an oath. This is because one conditions divorce upon something, intending to urge it, prevent it, verify it, or emphasize it. This is the reason it is called an oath. It is not the kind of oath that constitutes shirk (associating partners with Allah) with Allah (Mighty and Majestic). Rather, it is a conditional divorce, and the intention behind conditioning it is the same as the intention behind an oath. It is called an oath. May Allah reward you with good, and may He do you good.
Is it permissible to swear an oath by divorce? And is it considered shirk (associating partners with Allah)? Because the Messenger of Allah (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah
من كان حالفا فليحلف باللهAnswer:
There is no doubt that oaths are made by Allah. It is not permissible for a person to swear by anything other than Allah. One does not swear by trustworthiness. One does not swear by the Prophet (peace and blessings be upon him). One does not swear by anything other than Allah (Mighty and Majestic).
As for the issue of divorce, swearing an oath by divorce means using divorce in place of an oath. This is because one conditions divorce upon something, intending to urge it, prevent it, verify it, or emphasize it. This is the reason it is called an oath. It is not the kind of oath that constitutes shirk (associating partners with Allah) with Allah (Mighty and Majestic). Rather, it is a conditional divorce, and the intention behind conditioning it is the same as the intention behind an oath. It is called an oath. May Allah reward you with good, and may He do you good.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل الحلف بالطلاق يجوز وهل يعتبر شرك لأن الرسول ﷺ قال من كان حالفاً فليحلف بالله؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.