What is the ruling on swearing an oath of divorce regarding a specific matter?
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Question:
May Allah bless you, but suppose she defied her father; does the oath itself constitute a divorce? Or is there a distinction in this?
Answer:
The matter should be referred to the scholars; he should ask the scholars about his father. If she filled up and did not return to the university, he should ask the scholars. If he divorced, if he is demanding something, as opposed to saying, "I will divorce this as a promise," this is a threat and does not demand anything. He said, "If you do not go to the university, I will divorce the rest." This falls under the category of warning; nothing takes place in it. However, if he said, "It is a divorce upon you if you do not go to the university," this requires a distinction. If he meant by "it is a divorce upon you" that he would force her to go and she resisted, but she did not go, then this is a broken oath. But if he said it with the intention that if she does not go out to the university and her mother delays, then one divorce takes place upon her by that. As for if this statement was a slip of the tongue from her father, and if she does not go out to the university and her mother delays, then one divorce takes place upon her by that if she does not go, according to his intention, based on his intention. But if it was only to frighten her so she would not rush and go to the university, then the threat does not constitute a valid or reasonable oath. Yes.
May Allah bless you, but suppose she defied her father; does the oath itself constitute a divorce? Or is there a distinction in this?
Answer:
The matter should be referred to the scholars; he should ask the scholars about his father. If she filled up and did not return to the university, he should ask the scholars. If he divorced, if he is demanding something, as opposed to saying, "I will divorce this as a promise," this is a threat and does not demand anything. He said, "If you do not go to the university, I will divorce the rest." This falls under the category of warning; nothing takes place in it. However, if he said, "It is a divorce upon you if you do not go to the university," this requires a distinction. If he meant by "it is a divorce upon you" that he would force her to go and she resisted, but she did not go, then this is a broken oath. But if he said it with the intention that if she does not go out to the university and her mother delays, then one divorce takes place upon her by that. As for if this statement was a slip of the tongue from her father, and if she does not go out to the university and her mother delays, then one divorce takes place upon her by that if she does not go, according to his intention, based on his intention. But if it was only to frighten her so she would not rush and go to the university, then the threat does not constitute a valid or reasonable oath. Yes.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 293 ما حكم الحلف بالطلاق على أمر معين؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.
