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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is required of one who swears by divorce not to do a certain thing and then does it?

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Question:
The listener Nasser Maqbul, a Yemeni from Riyadh, sent a message saying: I swore by divorce that I would not return to doing a certain thing, and I did that thing. Do I owe an expiation? And what is the ruling of the religion in this matter?
Please inform me, may Allah reward you.

Answer:
This requires a detailed explanation:
If he swore that he would not do this thing, and if his intention was to refrain and prevent himself from doing this thing, and his intention was not divorce—his intention was not to effect the divorce—such as saying, “I swear by divorce that I will not eat so-and-so’s food,” or “I swear by divorce that I will not visit so-and-so,” and his intention was to refrain, not to effect the divorce, but his intention was to abstain, then if he does it, he owes an expiation for an oath.
As for if he intended to effect the divorce, the divorce takes place. If he said, “I swear by divorce that I will not speak to so-and-so,” and he spoke to him intending that if he spoke to him, the divorce would take place, then the divorce takes place. Yes.

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.

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