The ruling on one who frequently swears by divorce, and whether his divorce takes effect?

Question:
Our brother asks about the ruling in the religion regarding one who frequently swears by divorce, and whether it is permissible to retract the divorce?

Answer:
It is not befitting for a believer to frequent this; rather, it is disliked for him. He should guard his tongue. Divorce is the most hateful of lawful things to Allah. A believer should be deliberate in matters and strive to guard his tongue from everything that is not befitting, including divorce. Therefore, he should not divorce except with insight, consideration, and care. If the benefit and advantage of divorce become apparent, he should divorce with a single pronouncement only, with no increase, because he may regret it and take his wife back, and praise be to Allah.
The point is that frequent swearing by divorce is dangerous, and it leads to the occurrence of divorce. He may swear by divorce intending for the divorce to take effect; in that case, it takes effect if he does what he swore to leave off, or leaves off what he swore to do. However, if he only intended to threaten and frighten, such as saying, "If you talk to so-and-so, you are divorced," or "If you go to so-and-so, you are divorced," by way of threatening and warning, and his intention is not to effect the divorce, then according to the most precise scholars of knowledge, there is an expiation for an oath, and the divorce does not take effect.
This is the correct position chosen by a group of scholars, because he did not intend the divorce, but rather intended to threaten and frighten.
However, in any case, he should leave off this practice and beware of making divorce a habit on his tongue, because he may effect it with intention. Also, because some scholars hold that it takes effect even if the intention was to threaten and emphasize, he should beware of this and avoid it as a precaution for his religion and as a precaution for what is obligatory upon him regarding guarding his private parts and staying away from the suspicion of what is forbidden.
And if he divorces, he should do so with insight, not in anger and haste. Rather, he should investigate and consider. If he sees the benefit in divorce—because she is of bad character, bad conduct, or weak in religion—and he sees the benefit in that, he should divorce with a single pronouncement, in a state of purity in which he did not have intercourse with her, or during pregnancy. This is the recommended practice: that the divorce be in two states: one is during pregnancy, and the second is that the woman is in a state of purity in which he did not have intercourse with her. This is the place for the lawful divorce.
As for divorce during menstruation, or during post-natal bleeding, or in a state of purity in which he had intercourse with her, it is an innovated divorce, contrary to the saying of Allah the Exalted: [Al-Talaq:1]. The Prophet (peace and blessings be upon him) stated in the hadith of Ibn 'Umar that her divorce during the waiting period should be when she is in a state of purity, without intercourse, or pregnant.
Therefore, it is befitting for the people of Islam, and it is befitting for every Muslim, to investigate these matters, to preserve the Sunnah, to beware of obeying Satan in divorcing in a manner that is not lawful, and to beware of haste in effecting the triple divorce.
Rather, it is obligatory for him to observe what Allah has prescribed and to beware of what Allah has forbidden, in his divorce and in all his affairs. The believer is a servant who is commanded; he has an Islamic Shari'ah that he must adhere to in everything, and he must investigate what Allah has made lawful for him in everything, and beware of what Allah has forbidden for him. He has no right to be lax in everything; rather, he must be cautious, and his actions and words must be bound by the Shari'ah. May Allah provide all of you with success and guidance.

The presenter: O Allah, amen. May Allah reward you with good.