The ruling on one who says: "I am divorced" or "I am forbidden"
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Did the one who said: "I am divorced!" or: "I am forbidden," swearing by other than Allah?
The Prophet (peace and blessings be upon him) forbade what Allah had made lawful for him,And Allah said to him: [Al-Tahrim: 2] Do we say that the Messenger swore by other than Allah? No.
Swearing is when a person takes an oath using the known letters of the oath,And they are three: the waw, the ba, and the ta, but there are phrases that carry the ruling of an oath without being an oath,Such as saying: "It is forbidden for me to speak to so-and-so." This is not an oath by the forbidden; it means an oath; because an oath is intended to confirm what is sworn upon, and this person who forbids intends to confirm the prohibition. Therefore, it is not considered an oath by other than Allah, but it is considered to have the ruling of an oath.And likewise if he said: "I am divorced!" If he intends to prohibit and does not intend divorce in reality, it is in the ruling of an oath and is not an oath by divorce.
The questioner: Is it not minor shirk (associating partners with Allah) to swear: "I am divorced!" or "I am forbidden"?Answer: No.
It is not minor shirk.
The Prophet (peace and blessings be upon him) forbade what Allah had made lawful for him,And Allah said to him:
Allah has already ordained for you [Muslims] the dissolution of your oaths
قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْSwearing is when a person takes an oath using the known letters of the oath,And they are three: the waw, the ba, and the ta, but there are phrases that carry the ruling of an oath without being an oath,Such as saying: "It is forbidden for me to speak to so-and-so." This is not an oath by the forbidden; it means an oath; because an oath is intended to confirm what is sworn upon, and this person who forbids intends to confirm the prohibition. Therefore, it is not considered an oath by other than Allah, but it is considered to have the ruling of an oath.And likewise if he said: "I am divorced!" If he intends to prohibit and does not intend divorce in reality, it is in the ruling of an oath and is not an oath by divorce.
The questioner: Is it not minor shirk (associating partners with Allah) to swear: "I am divorced!" or "I am forbidden"?Answer: No.
It is not minor shirk.