What is the ruling on those who frequently swear by divorce in their discussions? Does the divorce take effect?
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The questioner : We have people who swear by divorce in many of their discussions and repeat: "I swear by divorce that you will do such and such" or "I swear by divorce that you will go out to such and such," knowing that each of them is married. Does the divorce take effect in such a case or not? Please inform us, may Allah reward you.
The Shaykh : The answer to this question includes two issues or two questions. The first question concerns these foolish people who let their tongues loose with divorce in every trivial and major matter. These people are contrary to the guidance of the Prophet (peace and blessings be upon him) in his saying:Sahih al-Bukhari 2679 So if a believer wants to swear, let him swear by Allah (Mighty and Majestic). It is also not permissible to swear frequently, even by Allah (Glorified and Exalted is He), due to His saying: Among the interpretations of this is that the meaning is: do not swear frequently by Allah.
As for swearing by divorce, such as: "I swear by divorce that you will do such and such," or "I swear by divorce that you will not do it," or "If you do such and such, my wife is divorced," or "If you do not do it, my wife is divorced," and similar formulas, this is contrary to the guidance of the Prophet (peace and blessings be upon him). Most scholars have said: If he breaks that oath, then the divorce is binding on him and his wife is divorced from him. However, the stronger opinion is that if divorce is used in the manner of an oath—meaning the intention is to urge someone to do something, to prevent them from doing it, to affirm something, to deny something, or to emphasize it—then its ruling is the ruling of an oath. This is based on the saying of Allah the Exalted:[At-Tahrim 66:1-2] where Allah the Exalted made prohibition an oath, and the saying of the Prophet (peace and blessings be upon him): Sahih al-Bukhari 1 In this case, he did not intend divorce, but rather intended an oath or the meaning of an oath. If he breaks it, the expiation for an oath is sufficient for him. This is the stronger opinion.
As for the second issue: it is swearing regarding others, whether that is by divorce, by Allah (Mighty and Majestic), or by one of His attributes. Swearing regarding another person puts him in a difficult position and may cause harm to him. It is undoubtedly not free from causing difficulty, either for the person being sworn upon or for the one swearing. The person being sworn upon may do what he was sworn upon while bearing hardship, which causes difficulty for him. Or he may not do it because of the hardship he feels, which obligates the one swearing to pay the expiation, meaning obligates him to pay the expiation for the oath. The expiation for an oath is as Allah the Exalted said in Surat al-Ma'idah:[Al-Ma'idah 5:89] Allah the Exalted mentioned four things in the expiation for an oath: three of them are optional, which are feeding ten poor people, or clothing them, or freeing a slave. One is sequential: if he does not find these three, he must fast for three consecutive days. The object was omitted in His saying: [Al-Baqarah 2:196] so that it would include those who do not find what to feed them with, or what to clothe them with, or what to free a slave with. It also includes those who do not find the poor people to feed or clothe, or do not find a slave. Accordingly, if you are in a country where there are no poor people, it is permissible for you to fast for three days as the expiation for the oath, because it is true that you did not find them.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah magnify your reward.
The Shaykh : The answer to this question includes two issues or two questions. The first question concerns these foolish people who let their tongues loose with divorce in every trivial and major matter. These people are contrary to the guidance of the Prophet (peace and blessings be upon him) in his saying:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفاً فليحلف بالله أو ليصمتAnd keep your oaths
وَاحْفَظُوا أَيْمَانَكُمْAs for swearing by divorce, such as: "I swear by divorce that you will do such and such," or "I swear by divorce that you will not do it," or "If you do such and such, my wife is divorced," or "If you do not do it, my wife is divorced," and similar formulas, this is contrary to the guidance of the Prophet (peace and blessings be upon him). Most scholars have said: If he breaks that oath, then the divorce is binding on him and his wife is divorced from him. However, the stronger opinion is that if divorce is used in the manner of an oath—meaning the intention is to urge someone to do something, to prevent them from doing it, to affirm something, to deny something, or to emphasize it—then its ruling is the ruling of an oath. This is based on the saying of Allah the Exalted:
(1) O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful. (2) Allah has already ordained for you [Muslims] the dissolution of your oaths
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاةَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ * قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْThe reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىAs for the second issue: it is swearing regarding others, whether that is by divorce, by Allah (Mighty and Majestic), or by one of His attributes. Swearing regarding another person puts him in a difficult position and may cause harm to him. It is undoubtedly not free from causing difficulty, either for the person being sworn upon or for the one swearing. The person being sworn upon may do what he was sworn upon while bearing hardship, which causes difficulty for him. Or he may not do it because of the hardship he feels, which obligates the one swearing to pay the expiation, meaning obligates him to pay the expiation for the oath. The expiation for an oath is as Allah the Exalted said in Surat al-Ma'idah:
So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn
فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْAnd whoever cannot find
فَمَنْ لَمْ يَجِدْThe questioner : May Allah reward you, O honorable Shaykh, and may Allah magnify your reward.