Is swearing an oath by divorce considered swearing by other than Allah, and is it counted as shirk (associating partners with Allah)?
Machine translationRead the Arabic original
Question:
The questioner says: Regarding the saying of the Messenger (peace and blessings be upon him)Riyad as-Salihin 1711, he asks: Is the one who swears by divorce considered a mushrik (one who associates partners with Allah)?
Answer:
What is meant by swearing an oath by divorce is that he made something contingent upon it, saying, "If such and such happens, my wife is divorced." He did not say "by divorce" or "with divorce"; he did not use the words of an oath. Rather, it took the place of an oath, even though it was not an oath. Yes.
The questioner says: Regarding the saying of the Messenger (peace and blessings be upon him)
the Messenger of Allah (ﷺ) saying, 'He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk'
صلى الله عليه وسلم من حلف بغير الله فقد كفر أو أشرك،Answer:
What is meant by swearing an oath by divorce is that he made something contingent upon it, saying, "If such and such happens, my wife is divorced." He did not say "by divorce" or "with divorce"; he did not use the words of an oath. Rather, it took the place of an oath, even though it was not an oath. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل الحلف بالطلاق من الحلف بغير الله ويعد شركا؟ لمعالي الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.