Swearing by divorce is considered a divorce according to the four schools of jurisprudence.
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The Shaykh : And I tell you: The muftis today, and I am one of them, issue the ruling that if a person intends by it only a threat or emphasis, then there is no divorce, and he owes an expiation for an oath, meaning its ruling is the ruling of an oath. But I tell you: Most of the scholars, including the proponents of the four schools of jurisprudence, hold that this is a divorce, and that if he does not fulfill what he said, his wife is divorced. So the matter is serious. Do not think that because people issue the easy ruling, the matter is easy. It is very serious. If the proponents of the four schools of jurisprudence: the Maliki, the Shafi'i, the Hanafi, and the Hanbali, all hold that such a thing constitutes a divorce, and that if he says, "If I do not slaughter, you are divorced," and he slaughters, his wife is divorced; or if he says, "If I slaughter, you are divorced," and he does not slaughter, his wife is divorced—this is according to the four schools of jurisprudence. Is this a trivial matter? The disagreement on this is trivial. So do not take this matter lightly; it is very serious.
And you, for example, if you return to your wife, for example, and this was the last divorce, then you have intercourse with her according to the four schools of jurisprudence in a forbidden manner.
And according to the view that it is an oath, you expiate for your oath and she becomes lawful to you. So the matter is extremely serious. Therefore, it is obligatory for us to be extremely careful about it, and not to say: "If it happens, go to Ibn Baz, go to Ibn Uthaymeen, go to the second and the third." This will not benefit you. There are eminent scholars greater than us who hold that this is a divorce, and that if this is the last divorce, the woman is completely separated by it, and she does not become lawful to her husband except after another husband.
I say this so that you do not be negligent in this matter. This matter is very serious. So let whoever is swearing swear by Allah, saying: "By Allah."
Then I also advise you of an important matter: If you swear an oath, say: "If Allah wills," even if your companion does not hear it. Say: "If Allah wills," even if your companion does not hear it. Because if you say "If Allah wills," Allah will make the matter easy for you so that you fulfill your oath. And if it is decreed that what you wanted does not happen, you owe no expiation. And this is a great benefit. So if I were to say to someone, for example: "By Allah, you will not slaughter for me," and then I said to myself: "If Allah wills," to myself, and then he slaughtered, you owe nothing; you owe no expiation for an oath. And likewise, conversely, if I said: "By Allah, I will slaughter," and then I said to myself: "If Allah wills," and your companion did not hear it, then if you do not slaughter, you owe no expiation. This is based on the saying of the Prophet (peace and blessings be upon him):Jami` at-Tirmidhi 1532Sahih (Darussalam). And this is a great benefit. Keep it on your tongue always. Keep the exception "If Allah wills" on your tongue always, so that there are two benefits:
The first benefit: That matters are made easy for you.
And the second benefit: That if you break your oath, you are not required to pay the expiation. And the rest of the discussion on the hadith will come, if Allah wills.
And you, for example, if you return to your wife, for example, and this was the last divorce, then you have intercourse with her according to the four schools of jurisprudence in a forbidden manner.
And according to the view that it is an oath, you expiate for your oath and she becomes lawful to you. So the matter is extremely serious. Therefore, it is obligatory for us to be extremely careful about it, and not to say: "If it happens, go to Ibn Baz, go to Ibn Uthaymeen, go to the second and the third." This will not benefit you. There are eminent scholars greater than us who hold that this is a divorce, and that if this is the last divorce, the woman is completely separated by it, and she does not become lawful to her husband except after another husband.
I say this so that you do not be negligent in this matter. This matter is very serious. So let whoever is swearing swear by Allah, saying: "By Allah."
Then I also advise you of an important matter: If you swear an oath, say: "If Allah wills," even if your companion does not hear it. Say: "If Allah wills," even if your companion does not hear it. Because if you say "If Allah wills," Allah will make the matter easy for you so that you fulfill your oath. And if it is decreed that what you wanted does not happen, you owe no expiation. And this is a great benefit. So if I were to say to someone, for example: "By Allah, you will not slaughter for me," and then I said to myself: "If Allah wills," to myself, and then he slaughtered, you owe nothing; you owe no expiation for an oath. And likewise, conversely, if I said: "By Allah, I will slaughter," and then I said to myself: "If Allah wills," and your companion did not hear it, then if you do not slaughter, you owe no expiation. This is based on the saying of the Prophet (peace and blessings be upon him):
Whoever swears [about an oath] and says: 'If Allah wills (Insha Allah), then he will not have broken it.
من حلف علي يمين فقال : إن شاء الله لم يحنثThe first benefit: That matters are made easy for you.
And the second benefit: That if you break your oath, you are not required to pay the expiation. And the rest of the discussion on the hadith will come, if Allah wills.