He Swore to Divorce, Intending Something Else

Question :

I swore to my younger brother to divorce if he left the house, but he left the house in spite of this; and when I swore to divorce, I did not intend divorce, but only to frighten (my brother). And I was extremely angry, but after my anger had cooled down, I forgave him. I request a verdict:

Is the divorce counted or not? And may Allah preserve you. and protect you.

Answer:

If the situation is as you have described it, and you did not intend to pronounce divorce if your brother left, and you only intended to prevent him and make him afraid, then you are obliged to atone for the oath, according to the most authoritative of two opinions held by the scholars, and your wife will not be divorced. And the atonement for an oath is to feed ten poor persons or clothe them, or to free a slave. If one is unable to do any of these, then he must fast for three days, based upon the Words of Allah, the Almighty, the All-Powerful in Surah Al-Ma'idah:
"Allah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masäkin (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much)."

And Allah is the Granter of success.

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