The Ruling on Swearing by Divorce
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A man married a woman, and during a moment of anger between him and his mother, and the mother is always in conflict with her daughter-in-law, he swore by divorce that his wife would not remain in this house on that day. Does this count as a divorce?
No.
This is not a divorce; this is an oath;Because his intention in saying: "I swear by divorce" is his way of emphasizing that he will not stay overnight.
The questioner: He swore, and then she spent the night in the house.
The Shaykh: Since he swore, he must pay the expiation for an oath by feeding ten poor people, and no divorce is required of him.
The questioner: Does it not count as a divorce?The Shaykh: It does not count as a divorce; because this is an oath,Yes, if he said: "I intended divorce, and my intention was not to emphasize," we said: she is divorced.
But he intended to emphasize.
No.
This is not a divorce; this is an oath;Because his intention in saying: "I swear by divorce" is his way of emphasizing that he will not stay overnight.
The questioner: He swore, and then she spent the night in the house.
The Shaykh: Since he swore, he must pay the expiation for an oath by feeding ten poor people, and no divorce is required of him.
The questioner: Does it not count as a divorce?The Shaykh: It does not count as a divorce; because this is an oath,Yes, if he said: "I intended divorce, and my intention was not to emphasize," we said: she is divorced.
But he intended to emphasize.