The Ruling on Swearing by Divorce on People’s Tongues
Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is your view regarding people who constantly use divorce on their tongues, saying things like, “I divorce you if I do such-and-such in the morning or in the evening”? Sometimes this happens, and sometimes it does not. Does this divorce take effect?
Answer:
If he intends to effect it, it takes effect by consensus. If he intends an oath, intending by it to compel, to set a limit, or to prevent, the scholars differed on this. The apparent view is that it takes effect, and a group, including Shaykh Shadi al-Din and others, held that it is treated as an oath, requiring the expiation for an oath. Yes.
Honorable Shaykh, what is your view regarding people who constantly use divorce on their tongues, saying things like, “I divorce you if I do such-and-such in the morning or in the evening”? Sometimes this happens, and sometimes it does not. Does this divorce take effect?
Answer:
If he intends to effect it, it takes effect by consensus. If he intends an oath, intending by it to compel, to set a limit, or to prevent, the scholars differed on this. The apparent view is that it takes effect, and a group, including Shaykh Shadi al-Din and others, held that it is treated as an oath, requiring the expiation for an oath. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، كتاب الطلاق — islamhouse.com (55:49)
The Arabic text is a machine transcription of the audio recording.