The ruling on saying (I swear by the oath… I swear by divorce)

Question:
I am married and committed, praise be to Allah, but I always swear, whether in anger or not, and I say “I swear by the oath” or “I swear by divorce.” For example, I say, “I swear by the oath that I will not do such-and-such.” Does this oath count as a yamin (oath), and does it require a kaffarah (expiation) if I do not fulfill what I swore to? Please guide us, may Allah reward you with good.

Answer:
This matter requires a distinction. If you intended to prevent yourself from doing that thing, and you said, “I swear by divorce that I will not do such-and-such,” “I swear by divorce that I will not talk to so-and-so,” or “I swear by divorce that I will not visit so-and-so,” meaning you intended to prevent yourself from that act, and your intention was not to separate from your family or your wife, but rather to restrain yourself from that action, or to compel yourself to do it, as if you said, “I swear by divorce that I will certainly do such-and-such,” “I swear by divorce that I will certainly talk to so-and-so,” “I swear by divorce that I will certainly honor so-and-so,” or “I swear by divorce that I will certainly visit so-and-so,” or “I swear by divorce that I will certainly travel to such-and-such,” then if the intention is to urge yourself to do the act or to leave it, and the intention is not to separate from your family, whether you do not do it or you do it, this has the ruling of a yamin (oath), and it requires a kaffarah (expiation). Yes. The one mentioned in the Book of Allah in Surat al-Ma’idah. It is feeding ten poor people, or clothing them, or freeing a slave, and you have a choice. Each poor person is given half a sa’ (a dry measure of about 3 kg), meaning one and a half kilograms of dates or other staple food of the country, or he is given clothing, a lower garment and an upper garment, or a shirt, or a slave is freed. If he is unable to do any of the three, then he must fast for three days. This is the kaffarah (expiation) for the oath. And this divorce that we described has the ruling of an oath. However, if you intended to effect the divorce while also preventing yourself from that thing, and you said, “I swear by divorce that I will not do such-and-such,” “I swear by divorce that I will not talk to so-and-so,” “I swear by divorce that I will not visit so-and-so,” and your intention is to refrain and also to separate from your family if you do it, then the divorce takes effect as one pronouncement with this statement, because you intended to effect the divorce, and actions are by intentions. And so are similar cases.
For example, “I swear by haram (forbidden) that I will not do such-and-such,” or “I swear by haram (forbidden) that I will not do such-and-such.” If you intended prohibition and prevention, or if you intended prohibition alone, then prohibition is upon you if you do not do it. Your wife becomes haram (forbidden) to you until you expiate it with the kaffarah (expiation) of zihar (likening one's wife to a forbidden relative). However, if you did not intend prohibition, but only intended to prevent yourself, and you said, “I swear by haram (forbidden) that I will not do such-and-such,” intending to urge yourself to the act and prevent yourself from not doing it, not to prohibit your wife, then this has the ruling of an oath, and the kaffarah (expiation) for the oath is upon you according to the intention. However, if you intended to prohibit her if you do not do it, then it becomes zihar (likening one's wife to a forbidden relative). Yes.