A person who used to swear oaths of divorce has now repented; what should he do? Does he have to pay an expiation for it?
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The questioner : What is your opinion regarding a person who used to swear oaths of divorce frequently and has now repented to Allah with sincere repentance? What is your opinion regarding his past oaths? Does he have to pay an expiation?
The Shaykh : Most scholars hold that swearing an oath of divorce is a suspended divorce. So if a man says to his wife, "If you enter this house, you are divorced," and she enters, she is divorced in any case. This is the opinion of the majority of scholars, including the four Imams: Malik, Abu Hanifah, al-Shafi'i, and Imam Ahmad ibn Hanbal.
Some scholars have held that if he intends by this divorce the meaning of an oath, it becomes an oath that is resolved by an expiation. In other words, if he says to his wife, "If you enter this house, you are divorced," intending thereby to prevent her rather than to divorce her, and she enters, she is not divorced, but he must pay the expiation for an oath.
This is the stronger position. However, in reality, if we were to say, when people rush into this and it becomes common among them, they should be issued a ruling based on the opinion of the majority, which is that the divorce takes effect, so that people do not become bold in doing so.
According to the opinion that this is an oath and that an expiation resolves it, we say: if this divorce was made regarding multiple matters, he must pay an expiation for each matter. If it was regarding one matter but he repeated the formula, he is only required to pay one expiation.
An example of this is if he says, "If you enter this house, you are divorced," and then she comes to him and says, "Allow me to enter," and he says, "If you enter this house, you are divorced," and then she comes again and says, "Allow me to enter," and he says, "If you enter this house, you are divorced." In this case, he is only required to pay one expiation.
As for if he says, "If you enter this house, you are divorced," and "If you visit this group, you are divorced," and "If you speak to so-and-so, you are divorced," in this case he is required to pay three expiations, due to the multiplicity of the matters sworn upon.
The questioner : May Allah bless you.
The Shaykh : Most scholars hold that swearing an oath of divorce is a suspended divorce. So if a man says to his wife, "If you enter this house, you are divorced," and she enters, she is divorced in any case. This is the opinion of the majority of scholars, including the four Imams: Malik, Abu Hanifah, al-Shafi'i, and Imam Ahmad ibn Hanbal.
Some scholars have held that if he intends by this divorce the meaning of an oath, it becomes an oath that is resolved by an expiation. In other words, if he says to his wife, "If you enter this house, you are divorced," intending thereby to prevent her rather than to divorce her, and she enters, she is not divorced, but he must pay the expiation for an oath.
This is the stronger position. However, in reality, if we were to say, when people rush into this and it becomes common among them, they should be issued a ruling based on the opinion of the majority, which is that the divorce takes effect, so that people do not become bold in doing so.
According to the opinion that this is an oath and that an expiation resolves it, we say: if this divorce was made regarding multiple matters, he must pay an expiation for each matter. If it was regarding one matter but he repeated the formula, he is only required to pay one expiation.
An example of this is if he says, "If you enter this house, you are divorced," and then she comes to him and says, "Allow me to enter," and he says, "If you enter this house, you are divorced," and then she comes again and says, "Allow me to enter," and he says, "If you enter this house, you are divorced." In this case, he is only required to pay one expiation.
As for if he says, "If you enter this house, you are divorced," and "If you visit this group, you are divorced," and "If you speak to so-and-so, you are divorced," in this case he is required to pay three expiations, due to the multiplicity of the matters sworn upon.
The questioner : May Allah bless you.