The scholars' differing views on swearing an oath of divorce without the intention of divorcing
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[What is your ruling on one who swears an oath of divorce]?
Answer: ........ If he says, "If so-and-so visits, I am divorced," or "If I speak to so-and-so, I am divorced," and his intention is to urge or encourage, all of this falls under the ruling of an oath. If he does what he swore to leave off, or leaves off what he swore to do, he owes the expiation for an oath. The expiation is feeding ten poor people, or clothing them, or freeing a slave. Whoever cannot find the means to do so must fast for three days.
However, if his intention is to effect the divorce, and he says, "If I speak to so-and-so, I am divorced," or "If I buy that specific car, I am divorced," and his intention is that the divorce takes place as soon as he does it, then the divorce takes place. This is based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 This is the correct view among the scholars' opinions.
The majority of scholars held that the divorce takes place in all cases, even if the intention was to urge, to prevent, to affirm, or to deny. However, the correct view is to distinguish between cases; the correct view is to distinguish. If the intention is to urge, to prevent, to affirm, or to deny, and his intention is not to effect the divorce, but rather to frighten his wife from doing such-and-such and to deter her from it, or if his intention is to prevent himself from doing such-and-such and his intention is not to effect the divorce, then its ruling is the ruling of an oath, according to the most correct of the scholars' opinions. Abu al-Abbas, the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), the scholar Ibn al-Qayyim (may Allah have mercy on him), and a group of precise scholars chose this opinion. Yes.
The presenter: May Allah reward you with good.
Answer: ........ If he says, "If so-and-so visits, I am divorced," or "If I speak to so-and-so, I am divorced," and his intention is to urge or encourage, all of this falls under the ruling of an oath. If he does what he swore to leave off, or leaves off what he swore to do, he owes the expiation for an oath. The expiation is feeding ten poor people, or clothing them, or freeing a slave. Whoever cannot find the means to do so must fast for three days.
However, if his intention is to effect the divorce, and he says, "If I speak to so-and-so, I am divorced," or "If I buy that specific car, I am divorced," and his intention is that the divorce takes place as soon as he does it, then the divorce takes place. This is based on the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended
الأعمال بالنيات وإنما لكل امرئ ما نوىThe majority of scholars held that the divorce takes place in all cases, even if the intention was to urge, to prevent, to affirm, or to deny. However, the correct view is to distinguish between cases; the correct view is to distinguish. If the intention is to urge, to prevent, to affirm, or to deny, and his intention is not to effect the divorce, but rather to frighten his wife from doing such-and-such and to deter her from it, or if his intention is to prevent himself from doing such-and-such and his intention is not to effect the divorce, then its ruling is the ruling of an oath, according to the most correct of the scholars' opinions. Abu al-Abbas, the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), the scholar Ibn al-Qayyim (may Allah have mercy on him), and a group of precise scholars chose this opinion. 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.