The Ruling on Swearing by Divorce and What Is Obligatory in It

This is a message received by the program from listener (S. M. A.) from Iraq, Nineveh. Our brother says: A problem occurred between me and my brother regarding the car that we own. I became very angry and swore by divorce, saying, “By my three divorces, I will not drive the car.” In fact, I did not drive the car for more than eight months. Given the circumstances my brother is facing, where he is unable to drive the car himself, what is the obligation that I must fulfill? Should we sell this car and buy another one that I do not drive? Or should I drive the same car? And what is the ruling on the divorce in my case?
Answer: If you, the questioner who swore the divorce, only intended to prevent yourself from driving the car and did not intend to effect the divorce, but rather intended to prevent yourself from driving the car out of anger at your brother, then you owe the expiation for an oath, and there is no blame on you for driving the car. This is treated as an oath according to the most correct of the scholars’ opinions. You owe the expiation for an oath, which is feeding ten poor people or clothing them. For each poor person, it is half a sa’ (a dry measure of about 3 kg) of the local staple food, which is approximately one and a half kilograms, or clothing for the ten people from what is suitable for them in prayer. However, if your intention was to effect the divorce by uttering it, then the divorce takes place. If you utter it, one divorce is effected on your wife, and you may take her back as long as she is in the waiting period, provided you had not divorced her twice before this.
As for selling the car or not selling it, that is up to you two. You may sell it, and you may leave it. But if your intention was this specific car, then if it is sold, you may drive another one and nothing takes place. However, if your intention was to stop helping your brother, not with this car or any other, and you want not to drive a car with him and not to serve him in this matter, then there is no difference between this car and another. The oath is not dissolved by selling it, nor by the other car if it comes; you are not allowed to drive it, because you intended by that to anger your brother and abandon helping him. If you drive the second car, it is like the first. If you intended to effect the divorce, the divorce takes place. If you did not intend that, but only intended to abandon your brother and not help him in this matter, then you owe the expiation for the oath as mentioned above. Yes.