Is Conditional Divorce Considered Swearing to Other Than Allah?

Question :

There are some legal verdicts concerning conditional divorce and the unfortunate practice of some people, such as of a man saying to another: "If you do not visit me or eat with me, my wife will be divorced." And some of the scholars say that such a divorce is not counted and it is considered an oath for which atonement must be made. Is it an oath, bearing in mind that it is not permissible to swear by other than Allah, indeed, it is considered to be an act of Shirk? And how does one atone for a sinful oath which was made to other than Allah?

Answer:

Those who say that divorce which is dependent upon a condition, if what is intended by it is prohibition, prevention or obligation, then it is an oath say that it falls. under the ruling of an oath, not that it is an oath. This is because the oath which is forbidden to make to other than Allah is an oath pronounced in the form of swearing, with the letter Waw, or Ba or Ta, such as: Wallahi, Billahi or Tallahi (all meaning, "By Allah...").

As for its prohibition, and making the divorce conditional upon an oath, this falls under the ruling of an oath, while it is not (actually) an oath in form. Allah, the Almighty, the All-Powerful says:
"O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you, seeking to please your wives? And Allah is Oft-Forgiving, Most Merciful. Allah has already ordained for you (Omen) the absolution from your ouths.

So Allah has called prohibition of an oath; therefore, if it was said that this is an oath, it means that it falls under the ruling of an oath and not that it is the oath by which it was forbidden to swear except to Allah, the Almighty, the All-Powerful.

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