A man who used to give his brother a sum of money at the end of every month because he needed it for something, then swore an oath of divorce, then regretted it and wanted to return to that oath, what should he do?

The questioner : A man used to give his brother a sum of money at the end of every month because his brother needed it for something. He swore an oath of divorce.

The Shaykh : Who?

The questioner : The man who gives.

The Shaykh : The one who gives charity.

The questioner : The one who gives charity.

The questioner : He swore an oath of divorce.

The questioner : He swore an oath of divorce that he would not give his brother this amount. Then he regretted not giving it to him at all, then he regretted that and wanted to return to it. Some people suggested that he give this amount to another brother or to another person, and then that man would give it to him. Some said, "I will give so-and-so, meaning your brother for whom you swore the oath regarding this amount, and you give it to me." Is this scenario permissible?
The Shaykh: No.

The questioner : What is the solution?

The Shaykh : The solution is simple: expiate for his oath. Abu Bakr al-Siddiq (may Allah be pleased with him) swore that he would not give to Mis'hat.

The questioner : Yes.

The Shaykh : Who was among those who participated in spreading the rumor of immorality regarding the Mother of the Believers. And yet, what was the solution? That he return to giving him charity and expiate for his oath.

The questioner : And if he intended divorce specifically?

The Shaykh : Intended divorce specifically, meaning he swore by divorce, do you mean?

The questioner : No, I mean he said, "This is my wife, she is divorced if I do such and such, if I give you the money."

The Shaykh : Ah, here we say that divorce is conditional. If the condition is fulfilled, the divorce takes place, provided that he intended the divorce and did not intend to compel himself to do something or to compel her not to do something. It appears clear in such a scenario that he swore by the divorce of his wife if he returned to giving charity to his brother, to deter himself from the charity, not that he intends to divorce his wife. Because the wife, as the Arabic proverb says, "is neither my camel nor my she-camel," so she has no relation to this dispute. But he divorces with this condition to deter himself from returning to giving charity to his brother. So if he regrets this, this is not considered an oath of divorce... As we say in some answers to such a question: if he said to his wife, and he saw her go out to her neighbor's house, "What are you doing in my neighbor's house? I suspected you," and he said to her, "If I see you enter the neighbor's house again, you are divorced." He actually wants to divorce her because he suspected her purity. Yes, this example is different from that example. Here the divorce takes place, but those who do not require witnesses say the divorce takes place as soon as he saw her the second time. As for those who require witnesses, as we adopt that, and he really wants to execute the divorce, he must have two righteous witnesses and say, "I have divorced so-and-so."