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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a man who swears by divorce falsely?

Machine translationRead the Arabic original
The questioner : In ... he swore by divorce ... went to him ... ... .

The Shaykh : You mean he swore by divorce falsely? That is the summary of the question.

The questioner : ... he swore by divorce that there is not ... .

The Shaykh : I want to summarize the question so that I may answer it well, so I said: Do you mean that he swore by divorce falsely, or do you mean something else?

The questioner : Falsely.

The Shaykh : That is it. If he had sworn by Allah falsely, his oath would be among the major sins, and this is what is known as the *ghumus* oath, and the *ghumus* oath leaves the land barren. Swearing by divorce is not permissible according to many scholars; because it falls under the generality of his saying (peace and blessings be upon him):
He who swears by anyone but Allah is polytheist. مَن حلف بغير الله فقد أشرك
Sunan Abi Dawud 3251Sahih (Al-Albani)
. So if he swears by divorce falsely, he has combined two calamities: the first calamity is swearing by other than Allah (Mighty and Majestic), and the second calamity is that he swore falsely. Then divorce has another aspect of jurisprudence, which is: a man who swears by divorce regarding his wife or his spouse; does this divorce take place or not? This is an oath, and an oath—as we mentioned earlier—is not prescribed, but it does take place. Swearing by divorce takes effect on the one who swears if he intends the divorce in reality; otherwise, there is no divorce. Here, the one who swears is judged between himself and the Lord of the Worlds: did he intend the divorce or not? If he intended it, the divorce takes place, but it does not take place as three divorces as is well-known among some people; rather, it takes place as one divorce.
This is what I have of an answer to that question.

The questioner : ... .
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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