The Ruling on Swearing an Oath of Divorce
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is the ruling on one who is content with swearing an oath by divorce but is not content with swearing an oath by Allah?
Answer:
Swearing by divorce is not an oath in the sense that it is a yamin (oath) like the oath by Allah, nor does it make the one who swears by divorce a mushrik (one who associates partners with Allah) like the one who swears by other than Allah. It is called an oath only because it resembles an oath in that it intends to urge, to verify, or to deny. One ties divorce to something intending to urge it or prevent it, or to verify a report or deny a report, so it follows the course of an oath in the obligation of kaffarah (expiation), not that it is a true oath. Therefore, it does not make him a mushrik like the one who swears by other than Allah (Mighty and Majestic). There is a difference between this and that.
He says: Honorable Shaykh, may Allah grant you success, what is the ruling on one who is content with swearing an oath by divorce but is not content with swearing an oath by Allah?
Answer:
Swearing by divorce is not an oath in the sense that it is a yamin (oath) like the oath by Allah, nor does it make the one who swears by divorce a mushrik (one who associates partners with Allah) like the one who swears by other than Allah. It is called an oath only because it resembles an oath in that it intends to urge, to verify, or to deny. One ties divorce to something intending to urge it or prevent it, or to verify a report or deny a report, so it follows the course of an oath in the obligation of kaffarah (expiation), not that it is a true oath. Therefore, it does not make him a mushrik like the one who swears by other than Allah (Mighty and Majestic). There is a difference between this and that.
Source
الحلف بالطلاق — alfawzan.live
The Arabic text is a machine transcription of the audio recording.