The ruling on swearing an oath of divorce and whether expiation is required?
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Question:
He says: Honorable Shaykh, may Allah grant you success, is it permissible to swear an oath of divorce? And is expiation required of the one who breaks it?
Answer:
Swearing an oath of divorce, what does it mean? It means to make the divorce conditional on something, either doing it or leaving it off, just as one makes an oath conditional. So it resembles an oath in terms of the condition, not in terms of the wording. It does not fall under his saying (peace and blessings be upon him)Riyad as-Salihin 1711 It is not an oath in terms of the wording, but it takes the ruling of an oath only from the side of the condition, whether on doing the thing or leaving it off. As for whether it takes effect or not, you go to the scholars of fatwa and ask them.
He says: Honorable Shaykh, may Allah grant you success, is it permissible to swear an oath of divorce? And is expiation required of the one who breaks it?
Answer:
Swearing an oath of divorce, what does it mean? It means to make the divorce conditional on something, either doing it or leaving it off, just as one makes an oath conditional. So it resembles an oath in terms of the condition, not in terms of the wording. It does not fall under his saying (peace and blessings be upon him)
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشرك
Source
قناة «العلامة الدكتور صالح الفوزان»، [2483 -2802] حكم الحلف بالطلاق وهل عليه كفارة؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
