The Ruling on Swearing by Divorce and Its Expiation

Question:
Amin, when he said: May Allah preserve you, what is the ruling on swearing by divorce in prayer, and what is its expiation?

Answer:
Swearing by divorce means suspending the divorce on a condition that one intends to bring about or prevent, or to urge, or to verify, or to deny. So, swearing by divorce means suspending the divorce on a condition intended to prevent it or urge it. If the condition is violated, the divorce takes place, because if the condition is met, the suspended matter occurs, and the divorce falls upon him. Some scholars hold that if his intention was to urge or prevent, then it suffices to offer the expiation for an oath, so he performs the expiation for an oath. However, the majority hold the view that it is a suspended divorce on a condition, and since the condition has occurred, the suspended matter occurs. It is not permissible for a person to use divorce as a substitute for an oath by Allah, because divorce is serious and entails hardship, and he may divorce his wife because of it and expose himself to regret. So, he should not swear by divorce. If it is absolutely necessary, let him swear by Allah. The Messenger (peace and blessings be upon him) said: the mosque. Yes.