Is swearing an oath by divorce considered shirk (associating partners with Allah)?

Question:
He says: Honorable Shaykh, may Allah grant you success. He says: Is a man saying it three times, or saying divorce, considered an oath? And is swearing an oath by divorce a form of shirk (associating partners with Allah)?

Answer:
Swearing an oath by divorce is not shirk (associating partners with Allah), but it is called an oath because it is a conditional statement, like a conditional oath. It resembles an oath in that it conditions one thing upon another, such as "if you do this or if you go out, you are divorced." It is like if he said, "By Allah, if you go out, I will do such and such." It is called an oath of this type and an oath for this reason. It is not shirk (associating partners with Allah), and it does not fall under the saying of the Messenger (peace and blessings be upon him): "Whoever swears by other than Allah has committed shirk (associating partners with Allah)." Yes.