The ruling on one who swears by divorce not to do something and then does it
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Question:
A message from one of the listening brothers says: I had something, and I swore by divorce that I would not sell it. After that, I needed its value, so I sold it. Did the divorce take place? Then another case occurred, and I said to my wife: I will not do such-and-such a thing because it is forbidden, and I swore that I would not do it, but I did it after swearing by divorce. What is the ruling on what I did, and is my wife lawful for me? May Allah reward you with good.
Answer:
If the intention was to effect the divorce, then the divorce took place by the sale, and by the thing regarding which you swore not to do it. However, if the intention was to refrain from the sale, and to refrain from the act you intended not to do, and your intention was not to effect the divorce, but rather to emphasize to yourself that you would refrain and warn yourself against that thing, and then you did it, then you owe the expiation for an oath: which is feeding ten poor people, or clothing them, or freeing a slave. Whoever is unable to do so must fast for three days. This is if your intention was to refrain from the sale and to refrain from the thing you intended not to do, and your intention was not to effect the divorce. But if your intention was both to refrain and to effect the divorce, then one divorce takes place on the wife if you do what you swore to leave.
We advise you not to make a habit of these matters, and to avoid divorce. If the need arises, suffice with an oath, saying: "By Allah, I will not do such-and-such," or "By Allah, I will certainly do such-and-such." An oath is sufficient for that. As for divorce, it is a serious matter, and perhaps it may have passed you by regarding your wife, and you are not aware of it due to your negligence in this matter.
The presenter: May Allah reward you with good.
A message from one of the listening brothers says: I had something, and I swore by divorce that I would not sell it. After that, I needed its value, so I sold it. Did the divorce take place? Then another case occurred, and I said to my wife: I will not do such-and-such a thing because it is forbidden, and I swore that I would not do it, but I did it after swearing by divorce. What is the ruling on what I did, and is my wife lawful for me? May Allah reward you with good.
Answer:
If the intention was to effect the divorce, then the divorce took place by the sale, and by the thing regarding which you swore not to do it. However, if the intention was to refrain from the sale, and to refrain from the act you intended not to do, and your intention was not to effect the divorce, but rather to emphasize to yourself that you would refrain and warn yourself against that thing, and then you did it, then you owe the expiation for an oath: which is feeding ten poor people, or clothing them, or freeing a slave. Whoever is unable to do so must fast for three days. This is if your intention was to refrain from the sale and to refrain from the thing you intended not to do, and your intention was not to effect the divorce. But if your intention was both to refrain and to effect the divorce, then one divorce takes place on the wife if you do what you swore to leave.
We advise you not to make a habit of these matters, and to avoid divorce. If the need arises, suffice with an oath, saying: "By Allah, I will not do such-and-such," or "By Allah, I will certainly do such-and-such." An oath is sufficient for that. As for divorce, it is a serious matter, and perhaps it may have passed you by regarding your wife, and you are not aware of it due to your negligence in this matter.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.