The ruling on swearing an oath of divorce or other oaths while angry
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Question:
If a man swears an oath by Allah, or an oath of divorce, while in a state of anger, is this oath recorded against him? And is it obligatory for him to pay the expiation?
Answer:
This is a matter that requires detail and care. The criterion for an oath is that one suspends divorce or prohibition upon a condition, intending thereby to prevent, to urge, to verify, or to deny. This is called an oath. For example, if he says, "My wife is divorced if I speak to so-and-so," intending to prevent himself from speaking to him; or if he says, "My wife is divorced if I do not visit so-and-so," intending to urge himself to visit him; or if he says, "My wife is divorced if so-and-so has died," intending to verify that, so that it is verified; or if he says, "My wife is divorced if this thing did not happen," intending to verify that it did not happen.
The conclusion is that the suspension is considered an oath only if it is intended for urging, preventing, verifying, or denying. If this is the intention of the speaker, then its ruling is the ruling of an oath, according to the correct opinion. The expiation for the oath is sufficient in this case, and the divorce or prohibition does not take effect with this intention.
As for when the intention is merely the suspension itself, this is called a suspension, not an oath. For example, if he says, "If Ramadan enters, my wife is divorced," this is called a suspension: if Ramadan enters, she is divorced; it is not an oath. Or if he says, "If she gives birth, she is divorced," or if he says, "If the month of Dhul-Hijjah enters, she is divorced," and the like of suspensions that contain no urging, no prevention, no verification, and no denial, but are pure suspensions. Yes.
The presenter: May Allah reward you with good.
If a man swears an oath by Allah, or an oath of divorce, while in a state of anger, is this oath recorded against him? And is it obligatory for him to pay the expiation?
Answer:
This is a matter that requires detail and care. The criterion for an oath is that one suspends divorce or prohibition upon a condition, intending thereby to prevent, to urge, to verify, or to deny. This is called an oath. For example, if he says, "My wife is divorced if I speak to so-and-so," intending to prevent himself from speaking to him; or if he says, "My wife is divorced if I do not visit so-and-so," intending to urge himself to visit him; or if he says, "My wife is divorced if so-and-so has died," intending to verify that, so that it is verified; or if he says, "My wife is divorced if this thing did not happen," intending to verify that it did not happen.
The conclusion is that the suspension is considered an oath only if it is intended for urging, preventing, verifying, or denying. If this is the intention of the speaker, then its ruling is the ruling of an oath, according to the correct opinion. The expiation for the oath is sufficient in this case, and the divorce or prohibition does not take effect with this intention.
As for when the intention is merely the suspension itself, this is called a suspension, not an oath. For example, if he says, "If Ramadan enters, my wife is divorced," this is called a suspension: if Ramadan enters, she is divorced; it is not an oath. Or if he says, "If she gives birth, she is divorced," or if he says, "If the month of Dhul-Hijjah enters, she is divorced," and the like of suspensions that contain no urging, no prevention, no verification, and no denial, but are pure suspensions. 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.