The Ruling on an Oath of Divorce
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A message was received for the program from the sister Kingdom of Jordan, sent by our brother Sabri Muhammad Dhahya, who appears to be Egyptian. Our brother began his message by saying: I greet you with the Islamic greeting, which begins with: Peace be upon you, and ends with: mercy and blessings from the Master . May Allah’s peace, mercy, blessings, goodness, and pleasure be upon you. After that: We are followers of your great program, so may Allah benefit us with your knowledge, may Allah reward you with good, and may He bless us through you. I am turning to you with two questions, may Allah guide us and you to what is good. The first question: What is the ruling in Islam regarding an oath of divorce in the presence of the wife or in her absence?
Answer: And upon you be peace and the mercy and blessings of Allah. Yes, divorce has many forms. If the divorce is conditional in the manner of an oath, such as if he says to her verbally: If you talk to so-and-so, you are divorced, or if you go to so-and-so’s house, you are divorced, or something similar to that, where his intention is to urge, prohibit, verify, or deny, this divorce is called an oath; because it is in the meaning of an oath; and because its purpose is the purpose of an oath. If the intention of the one divorcing is to prohibit her from something, or to compel her to do it, or to verify or deny, then this is, according to the most precise scholars of knowledge, in the ruling of an oath. The majority held that it takes effect, having the ruling of a condition, the ruling of a conditional divorce. However, the correct view, which is held by a group of the most precise scholars, is that it is in the ruling of an oath. Therefore, if he did not intend to effect the divorce, but only intended prohibition, or urging, or verification, or denial, then it has the ruling of an oath in that it does not take effect, and one is content with the expiation. If he says to her: If you talk to so-and-so, you are divorced, and his intention is to prohibit her from that, not that his intention is to effect the divorce, but rather his intention is to prohibit her from talking to him, then if she talks to him, his wife’s husband owes the expiation of an oath, and the divorce does not take effect according to the most correct of the two opinions of the scholars.
Likewise, if he says to his wife: If you leave your house today or tomorrow, or if his intention is permanently, without my permission, you are divorced, and his intention is to prohibit her from going out, not that his intention is to effect the divorce; then if she goes out without his permission, he owes an expiation, and the divorce does not take effect; because he did not intend to effect it, but only intended prohibition. However, if he intended to effect the divorce, then it takes effect whenever she goes out. Yes.
Answer: And upon you be peace and the mercy and blessings of Allah. Yes, divorce has many forms. If the divorce is conditional in the manner of an oath, such as if he says to her verbally: If you talk to so-and-so, you are divorced, or if you go to so-and-so’s house, you are divorced, or something similar to that, where his intention is to urge, prohibit, verify, or deny, this divorce is called an oath; because it is in the meaning of an oath; and because its purpose is the purpose of an oath. If the intention of the one divorcing is to prohibit her from something, or to compel her to do it, or to verify or deny, then this is, according to the most precise scholars of knowledge, in the ruling of an oath. The majority held that it takes effect, having the ruling of a condition, the ruling of a conditional divorce. However, the correct view, which is held by a group of the most precise scholars, is that it is in the ruling of an oath. Therefore, if he did not intend to effect the divorce, but only intended prohibition, or urging, or verification, or denial, then it has the ruling of an oath in that it does not take effect, and one is content with the expiation. If he says to her: If you talk to so-and-so, you are divorced, and his intention is to prohibit her from that, not that his intention is to effect the divorce, but rather his intention is to prohibit her from talking to him, then if she talks to him, his wife’s husband owes the expiation of an oath, and the divorce does not take effect according to the most correct of the two opinions of the scholars.
Likewise, if he says to his wife: If you leave your house today or tomorrow, or if his intention is permanently, without my permission, you are divorced, and his intention is to prohibit her from going out, not that his intention is to effect the divorce; then if she goes out without his permission, he owes an expiation, and the divorce does not take effect; because he did not intend to effect it, but only intended prohibition. However, if he intended to effect the divorce, then it takes effect whenever she goes out. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.