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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Oaths by divorce.

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The Shaykh : The second issue: Oaths by divorce. People have been very lax about this, to the point where some of them say, "If I don't drink a cup of tea, my wife is divorced." How can one play with this? At the slightest thing, he says, "If I don't do such-and-such," or "If you don't do such-and-such, you are divorced." Yet I tell you that the majority of scholars, including the four Imams, hold that this is a divorce contingent on a condition; when the condition is met, the divorce takes effect. For example, if a man says to his wife, "If you enter so-and-so's house, you are divorced," and she enters, what is the ruling? According to the majority of the Ummah, she is divorced. The majority of the Ummah hold that she is divorced even if he intended it as an oath; she is still divorced. Some scholars hold that if he intended to prevent her from doing it and did not intend separation, it is an oath for which expiation is required. Similarly, what happens, especially among the Bedouin, when a guest arrives and the host wants to honor him with a sacrificial animal for hospitality. The guest says, "I swear by divorce that no sacrificial animal will be slaughtered," and the host says, "I swear by divorce that I will slaughter a sacrificial animal." What do we do now? What do we do if we slaughter the animal? The guest's wife is divorced, and if we do not slaughter it, the host's wife is divorced. So what do we do? What do we say, O Adam? How do we resolve this issue? He is not going back; he wants to eat dinner now, or not? The one answering says that the intention here is generosity, so it is an oath. Yes, some scholars said that, but the majority of scholars, the majority of the Ummah, my brothers, hold that this is a divorce and the woman is divorced. So I say: this is so that we do not be lax about divorce, because its matter is great and not easy.
These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَئِكَ هُمُ الظَّالِمُونَ
[Al-Baqarah 2:229]
We will limit ourselves to what we have said on this topic so that we can devote ourselves to reading the questions, and we ask Allah to inspire us with the correct answer.
Source alathar.net

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

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