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If Husband takes a oath ” if u do this act u ll b divorced” Then is this to be considered as divorce ..

Q:

A man said on oath to his wife if u do this act u ll b divorced…she did it ..divorced happened if yes its only one?

A:

Waalykum salam

Thank you for your Question

Oath in Islam has a vaster meaning than the one that is generally used in our day to day conversation. An Islamic oath is made when one says the actual Oath formula. Like, it is upon my self to do …so and so…

Kindly refer to the link below for understanding an Islamic oath:

https://www.al-islam.org/simplified-islamic-laws-youth-and-young-adults-sayyid-ali-hussaini-sistani/taking-oath

The text:
Issue 466: If someone takes an oath by one of the names of Allah, or Allah that he will perform or leave a certain act; for example one takes m oath that he will pray a two rak’at Salat, it is wajib for him to perform this action.

Issue 467: If, intentionally, one does not act immediately on his oath, he must give a kaffarah (penalty) – the kaffarah for this delay is one of three things:

1. Freeing one slave.

2. Feeding ten poor people.

3. Clothing ten poor people.

4. And if one is not able to perform my of these three, one must fast for three consecutive days.

Issue 468: If a person takes oath and his words were true, it is makruh to take that oath, and if he is lying, this oath is haram and is a major sin,

Also, oath made on things that has its own conditions in Sharis will be deemed incorrect. For instance, For a divorce to be correct, it has to have the following conditions:
1- You have to have two believing adults as your witness
2- The woman has to be clean of her menstrual period and also shouldn’t be pregnant
3- Proper Arabic words need to be uttered for the act to take place.

Hope this helps
Best wishes
AAA team under the guidance of N.S.Jaffery