The phrase "I swear by divorce" — is it an oath by other than Allah?
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The Shaykh : Discussion, not in
The questioner : Shaykh, may Allah reward you. If someone says "I swear by divorce" or "I swear by divorce" or "I swear by what is forbidden," is that an oath by other than Allah, or is it "I swear by what is forbidden"?
The Shaykh : Yes, the Prophet (peace and blessings be upon him) forbade what Allah had made permissible for him, and Allah said to him:[At-Tahrim 66:2] Do we say that the Messenger swore an oath by other than Allah? Answer?
The questioner : No.
The Shaykh : Now, an oath is when a person swears using the known letters of the oath. How many are the known letters of the oath?
The student: Three.
The Shaykh : Three: the waw, the ba, and the ta. But there are words that carry the ruling of an oath without being an oath, such as if I say "It is forbidden for me to speak to so-and-so." This is not an oath by what is forbidden; it means an oath, because an oath is intended to confirm what is sworn upon. And the one 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. Yes.
The questioner : ...
The Shaykh : Likewise, "I swear by divorce," if the intention is to prohibit and not to divorce in reality, it is an oath. An oath means it has the ruling of an oath, and it is not an oath by divorce. Yes.
The questioner : Is it not minor shirk, Shaykh?
The Shaykh : Huh?
The questioner : What is minor shirk?
The Shaykh : Which one?
The questioner : Swearing "I swear by divorce"?
The Shaykh : No, no, it is not minor shirk.
The questioner : Now, Shaykh, if a person swears and says "By Allah..."
The Shaykh : That is enough, man. One question.
The questioner : No, a second question, Shaykh.
The Shaykh : No second question, it is forbidden. May Allah guide you. Beware of oppression. Who is next? If there is no one, there is no harm.
The questioner : ...
The Shaykh : Huh?
The questioner : May I ask, Shaykh?
The Shaykh : If there is no one, there is no harm. Ask. Complete your question. If there is someone, they have the right.
The questioner : Shaykh, may Allah reward you. If someone says "I swear by divorce" or "I swear by divorce" or "I swear by what is forbidden," is that an oath by other than Allah, or is it "I swear by what is forbidden"?
The Shaykh : Yes, the Prophet (peace and blessings be upon him) forbade what Allah had made permissible for him, and Allah said to him:
Allah has already ordained for you [Muslims] the dissolution of your oaths
قد فرض الله لكم تحلّة أيمانكمThe questioner : No.
The Shaykh : Now, an oath is when a person swears using the known letters of the oath. How many are the known letters of the oath?
The student: Three.
The Shaykh : Three: the waw, the ba, and the ta. But there are words that carry the ruling of an oath without being an oath, such as if I say "It is forbidden for me to speak to so-and-so." This is not an oath by what is forbidden; it means an oath, because an oath is intended to confirm what is sworn upon. And the one 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. Yes.
The questioner : ...
The Shaykh : Likewise, "I swear by divorce," if the intention is to prohibit and not to divorce in reality, it is an oath. An oath means it has the ruling of an oath, and it is not an oath by divorce. Yes.
The questioner : Is it not minor shirk, Shaykh?
The Shaykh : Huh?
The questioner : What is minor shirk?
The Shaykh : Which one?
The questioner : Swearing "I swear by divorce"?
The Shaykh : No, no, it is not minor shirk.
The questioner : Now, Shaykh, if a person swears and says "By Allah..."
The Shaykh : That is enough, man. One question.
The questioner : No, a second question, Shaykh.
The Shaykh : No second question, it is forbidden. May Allah guide you. Beware of oppression. Who is next? If there is no one, there is no harm.
The questioner : ...
The Shaykh : Huh?
The questioner : May I ask, Shaykh?
The Shaykh : If there is no one, there is no harm. Ask. Complete your question. If there is someone, they have the right.