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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on swearing an oath of divorce in secret?

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Question:
What is the ruling on swearing an oath of divorce in secret? And if a person does not make expiation for this oath, what is required of him?

Answer:
This is a general question. First, if by "secret" he means that he uttered it but no one heard him, then it has a ruling. But if by "secret" he means that it was only in his mind and he did not utter it, but it was just a thought in his heart, then it has no effect, for the talk of the heart has no effect. So, if he intended to divorce his wife, or divorced her in his mind and intention without uttering it, then it has no effect and no ruling. The Messenger of Allah (peace and blessings be upon him) said: "My community is excused for mistakes, forgetfulness, and what they are forced to do," and
enters the mind, so long as it is not spoken of or put into actionحدثت به أنفسها ما لم تتكلم أو تعمل
Sunan an-Nasa'i 3435Sahih (Darussalam)
the talk of the heart has no effect.
As for swearing an oath of divorce and what follows from it, this is a matter of detail among the scholars. If his intention is merely the oath, and not the actual pronouncement of divorce, but rather his intention is merely the oath to prevent something or to encourage it, then an oath expiation is obligatory in it, according to the correct view. But if his intention is the actual pronouncement of divorce if the condition he attached it to occurs, then it takes place according to all scholars. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، ما حكم الحلف بالطلاق سرا؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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